Thursday, July 08, 2004

Transcript of Hearing in U.S. v. Watson

From the folks at USSGuide:

on June 30, 2004 before Judge Jackson (D.D.C.) in U.S. v. Watson, CR 03-0146. Judge Jackson concluded that an earlier sentence he had imposed was unconstitutional under Blakely. Perhaps the most interesting aspect of this transcript was the Government's rather startling argument that "the guidelines are not statutes. They're sentencing rules that have been entrusted to the Commission . . . . For that reason, there's a strong argument that the guidelines do not implicate the concerns addressed by Apprendi." (Transcript, id., at p. 6, line 7-14). As a matter of interest, Judge Jackson merely responded: "Beg your pardon?"

Thanks to USSGuide, you can access the transcipt of the hearing here.

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