Thursday, August 05, 2004

Blakely News and Cases


Today's news comes from Maine. The state of Maine will hear arguments in a Blakely appeal where the defendant was sentenced under a Maine law that created a two-tiered sentencing system. The first range was for what one might call "garden variety" offenses, and the second tier was for the most serious class of crimes. Sound familiar?

This case is a bit peculiar because its impact will be truncated. Earlier this year, the Maine Legislature substantially reformed the sentencing statute, eliminating the two tier provision.

Read all about it from the Press Herald.


According to Lexis/Nexis, the Pineiro opinion was revised a few days ago. It still says that the guidelines are constitutional, but I can't say from having looked it over quickly what the revisions are.

From federal court in Nebraska, we get US v. Swan, 2004 U.S. Dist. LEXIS 14883 (D. Neb. Aug. 2, 2004). Judge Joseph Bataillon's opinion has caused quite a stir. Doug Berman has covered this case on his blog, you can read about it here.

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