Monday, July 19, 2004

Case Developments in the SDNY and Indiana

The Indiana Law Blog has information on two Blakely rulings from the Southern District of Indiana. The rulings apparently declare the guidelines unconstitutional but the actual opinions are not currently available.
From the Southern District of NY, Judge Rakoff held that Blakely applied to the USSG and that the guidelines were not severable. Accordingly, he sentenced the defendant without being bound by the guidelines. More information is available here.

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