Tuesday, July 27, 2004

Case Developments

Sentencing Law and Policy has a few more district court opinions available here. Prof. Berman reports:

US District Judge George Z. Singal of the District of Maine (where our old friend Fanfan is from) decided in US v. Zompa, 04-46 that Blakely applies to the federal guidelines, but the federal guidelines are severable and thus the defendant is to be sentenced only based on facts admitted by the defendant.

and

Judge Gregory Presnell of the Middle District of Florida continues to adhere to his view that Blakely renders the guidelines wholly inapplicable in all cases.

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