Tuesday, July 20, 2004

What is Blakely's reach with respect to corporations?

Brian S. Chilton,  senior counsel in Foley & Lardner's Washington, D.C. office, has written an article entitled: United States: Addressing The Sentencing Guidelines While Maintaining an Effecive Compliance Program. (Registration is required but is quick.)
The article maintains (in a footnote) that Blakely will not affect proposed amendments to the guidelines which will affect the practice of sentencing business organizations. In the words of the author, the amendments will "more extensively define and expand the standards, structures and procedures of an 'effective' compliance program." Mr. Chilton maintains that the proposal is likely to be adopted by the Congress and applied retroactively.
Any thoughts?

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