Tuesday, July 06, 2004

DOJ Memo Not Working (Sort of)

The first line of attack according to the DOJ memo is for AUSA's to assert that Blakely does not invalidate the Guidelines. That's apparently what Assistant U.S. Attorney Katia Jestin argued before Judge Frederic Block. In a story from Newsday, it looks like that's not working. Here's a relevant passge from the article:

Assistant U.S. Attorney Katia Jestin said the Department of Justice took the position that the recent Supreme Court decision does not apply to the federal sentencing scheme.

"I am not sure I agree with the government," Block responded, indicating he tended to agree with some other federal judges who had found the federal rules unconstitutional.

But all is not lost. Judge Block apparently did not adjust his original 15 year sentence, even in light of Blakely. Newsday says that the judge thought the sentence had a measure of fairness.

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