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August 16, 2004

Exciting Blakely question for the week ahead

Now getting back into the swing of things after time away, I am gearing up for what may be a big Blakely week. Here are just a few exciting questions for the week ahead:

1. Will the Fourth Circuit finally issue opinions in support of its August 2 order in Hammoud (background here and commentary here)?

2. Will the Sixth Circuit issue opinions in support of its (nearly identical) order in Koch (background here)?

3. How will the many district judges in the Second Circuit who previously declared the guidelines unconstitutional react to the Second Circuit's decision in Mincey requiring application of the guidelines (background here)?

4. Will the Eighth Circuit clarify the state of the law in that jurisdiction in the wake of its decision to hear Mooney en banc at some still unspecified time (background here)?

5. Will there be any big Blakely news from the states, especially with the annual meeting of the National Association of Sentencing Commissions taking place on Monday and Tuesday (background here)?

6. Will any judge write an opinion as fun to read as Judge Joseph Goodwin's recent opinion in US v. Johnson (details here)?

In short, the Blakely soap opera continues, and this week's episodes should continue to be entertaining.

August 16, 2004 at 12:01 AM | Permalink


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i am wondering what the fifth circuit court will do of the blakley case. i hope they say it is rightand go by it. I an a concerned mother whos
son is in federal prison in the fifth circuit court. This would help him alot with the enhancement the judge gave him which added to the time he would spend in prison

Posted by: LILLY ESAU | Aug 23, 2004 1:45:21 PM

I was wondering in the 5th circuit if there has been a discison on if they will have to go by the blakely law. My father in awaiting the new from prison. He is in the same boat as Pinerio can you let me know something Thanks for your tim
concerned daughter

Posted by: Tracy Wyche | Sep 30, 2004 11:11:42 AM

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