Wednesday, July 07, 2004

Breaking News - DOJ Sample Brief & Memos

Just moments ago, Professor Berman's Sentencing Law and Policy Blog posted four documents from the DOJ which came from an anonymous source. You can see his post and download the documents here. I too received those documents, from the same source.

The most interesting document is the DOJ Sample Brief which was alluded to in the DOJ Memo from James Comey. Part I of the 36 page brief argues that Blakely does not invalidate the Sentencing Guidelines. Part II argues that if the court finds the Guidelines unconstitutional, it should "impose a sentence within the statutory maximum and minimum, with due regard to the sentences prescribed by the Guidelines for similar offenses and offenders."

I was also sent three additional files which appear to be memos written to judges by AUSAs addressing sentencing concerns. The memos argue that Blakely does not apply to the Guidelines and suggest how the judge should sentence the defendant should the judge decide not to apply the Guidelines.

More detail and analysis to come.

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