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October 24, 2004

Conceptualizing Blakely (in draft)

Professor Charles Fried had this interesting op-ed, entitled "Courting Confusion," in the NY Times Thursday (which has already generated interesting responses from Professors Jack Balkin and Stephen Bainbridge and Ann Althouse). Though I am disinclined to weigh into the broader jurisprudential scrum, the last line in Professor Fried's discussion of the work of the Supreme Court caught my eye:

I fear an indefinite and incoherent prolongation of a fin-de-siècle jurisprudence, where the court serves as nothing more than an ad hoc arbiter of issues it finds too difficult to decide in a principled way.

Though Professor Fried does not discuss Blakely in his op-ed, his closing words certainly fit what many may fear is the future of sentencing jurisprudence in the wake of Blakely. But, as I first previewed in this post, I have been working on finding Blakely's core principle in an article entitled "Conceptualizing Blakely" for the next issue of the Federal Sentencing Reporter.

I have now finished a working draft of "Conceptualizing Blakely" that is fit for public sharing. Though I feel this draft only starts to scratch the conceptual surface of Blakely, I hope I advance the analysis a bit. I heartily welcome reactions and suggestions either in the comments here or via e-mail.
Download working_draft_of_conceptualizing_blakely.rtf

October 24, 2004 at 09:25 PM | Permalink


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Hello, I am a second year law student and want to write on the 100:1 quantity ratio for my law review comment. However, do you think this is a valid topic after Blakely? What is the effect on federal sentencing guidlines?

thank you
Courtney Salera

Posted by: Courtney Salera | Oct 26, 2004 3:16:26 PM

I am very interested in learning more about
Blakely. My interest is more on a personal
level as my husband was just sentenced on
Oct.28,2004. His federal indictment con-
sisted of possession and conspiracy to
distribute at least 3 grams of cocaine. He
was sentenced to 21 years in a federal
prison. With 8 years probation. I feel his
sentence was unconstitutional. The judge
said if Blakely goes through he could be
resentenced at that time and face 5 years
instead. I am having a difficult time
understanding exactly what steps he needs
to take in order for this to happen. His
lawyer is no help. Could you possibly
give me a better understanding?
Your help is greatly appreciated.

Posted by: Tasha Fernandez | Nov 1, 2004 5:06:14 PM

My husband was indicted on 2 charges 1.conspiracy to distribute over 500 grams of methamphetamine and 2. a wire was worn on him where he took a guy to buy under 1 gram of meth. He was found innocent on the first charge and guilty on the second but they are using both charges against him.I don't understand this he was innocent how can they use this against him. the difference in levels are 34 and 12. which you can see this is a huge difference. They detained him the day of trial his sentencing isn't until end of Jan.He is in jail with people who were found guilty of murder,drugs,etc. who are looking at less time than him.

Posted by: wife | Jan 12, 2005 3:02:13 PM

hi, my boyfriend is in jail held on federal drug charges for conspiracy to distrubute meth, they didnt find him with anything the lawyer said he was arrested on a "complaint". he is a non violent first offender. i am hoping he doesnt get indited on these charges. he will see the grand jury in about 2 weeks, if he gets indited and is found guilty what kind of time is he looking at? also we learned that a drug dealer set him up and he wore wires, and he did it to avoid jail time himself. im now a single mother of two so i just want to k now what im facing... thanks

Posted by: jamie | Aug 3, 2009 8:21:05 PM

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