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July 19, 2004

Anyone doing Blakely "head counts"?

A number of folks have reasonably asked — and I am always wondering — about the total number of courts that have declared the federal sentencing guidelines unconstitutional in part or in whole. In addition to not having had the time to "do the math," one challenge in such a "head count" is to decide how to define and categorize different Blakely-related rulings. Some on-the-record statements of unconstitutionality might be deemed dicta, and I can tell from some newspaper reports that some rulings may not (yet?) be reflected in a written opinion. In addition, we have seen some judges making "tentative" rulings in response to the submission of special verdict forms or in a discussion of plea agreements.

The folks at UUSGuide are, to my knowledge, doing the most systematic job of organizing rulings of unconstitutionality by circuit on its Blakely page here. But I am not sure if anyone has — or is trying to systematically organize — all the information about what is going on out there. Needless to say, I would be grateful to anyone working on such a head count for sharing any cumulative data.

July 19, 2004 at 01:51 PM | Permalink


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I am a defense attorney in the Eastern District of California. I have just completed a Blakely sentencing brief, wherein I set forth a head-count, and advocate sentencing for my client under the Guidelines as limited by Blakely and the Sixth Amendment. I'd be happy to send you a copy of the brief if you're interested. In the PSR, Porbation recommends, without regard to Blakely, a 27 - 33 month sentencing ragnge. Under Blakely, I ask for 0- 6.

Posted by: Victor S. Haltom | Jul 19, 2004 6:44:55 PM

I (and I believe other readers) would appreciate getting details of your head-count. Thanks.

Posted by: Doug B. | Jul 20, 2004 12:07:35 AM

I'd be happy to send you a copy of the brief if you're interested.

Posted by: Robe de Soirée 2013 | Dec 13, 2012 12:28:11 AM

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