Thursday, August 05, 2004

2 Big Opinions

Two big, new Blakely opinions have been brought to my attention.

The first is by Judge Gerard Lynch of the Southern District of New York, who I happened to have taken two classes from and is my Note advisor. Judge Lynch is widely regarded as a leading thinker on sentencing issues, so his very length opinion which says that the guidelines are constitutional will certainly draw a great deal of attention. The case is US v. Emmenegger.

Get the case here.

The second case is from the 8th Circuit, it's called US v. Pirani, No 03-2871 (8th Cir., Aug. 5, 2004). I have not has a chance to read it but I can say that court rules that pre-Blakely findings of fact are plain error. That's a big deal, for obvious reasons. More later...


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