Monday, July 05, 2004

DC Circuit Tease

In US v. Watson, 2004 U.S. App. LEXIS 13780, two DC Circuit judges (Edwards and Randolph) denied an emergency order for a stay in a case which the defendant appears to have invoked Blakely.

I arrive at that conclusion from Judge Roberts opinion which would have granted the stay, citing Blakely v. Washington, No. 02-1632, slip. op. at 9, n.9 (S. Ct. June 24, 2004) ("The Federal Guidelines are not before us, and we express no opinion on them.").

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