Thursday, August 12, 2004

2nd Cir. Takes On Blakely - Guidelines Constitutional (for now)

No time for introductions, the Second Circuit has issued a substantive Blakely opinion available here.

What did they do? The short answer: uphold the Guidelines. Here's an excerpt:

We therefore reject appellants’ arguments that, in this Circuit, the Sixth Amendment now requires every enhancement factor that increases a Guidelines range to be pleaded and proved to a jury beyond a reasonable doubt. Unless and until the Supreme Court rules otherwise, the law in this Circuit remains as stated in Garcia, Thomas, and our other related case law. We conclude that the district court did not err in sentencing defendants in accordance with the Guidelines as previously interpreted by this Court. In so holding, we expect that, until the Supreme Court rules otherwise, the courts of this Circuit will continue fully to apply the Guidelines.

PS - How smart do I look, suggesting earlier today that the 2nd Cir. may not be able to weigh in on the Blakely debate because they chose to certify 3 questions instead of issuing a substantive opinion? Par for the course.

Comments: Post a Comment

<< Home

This page is powered by Blogger. Isn't yours?