Tuesday, July 20, 2004

First Blakely Decision From Florida

In what probably is the first Blakely decision from Florida, Sentencing Law and Policy Reports that Judge Gregory A. Presnell issued an opinion in US v. King, No. 6:04-cr-35 which offers this stinging rebuke of the Guidelines:
Taking Blakely to its logical conclusion, the determinate scheme set up by the Guidelines violates the Constitution and can no longer be used in any case. The Court notes, however, that despite a return to an indeterminate sentencing scheme, it will continue to rely on the Guidelines as recommendations worthy of serious consideration. Slip op. at p. 12 (emphasis added).

Additional details can be found here.

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