Monday, August 02, 2004

A word of caution from the Eastern District of New York

One of the readers of this blog wrote in to warn me that Blakely is not a complete windfall for defendants. He had a case in the E.D.N.Y. where the judge warned him that if his client did not waive his Blakely rights, his client would likely get a sentence higher than the guideline sentence. The judge expressed the view that if the guidelines were not in play, the judge was free to sentence anywhere within the statutory range and that in this case it would be higher than the guideline range.

So, be careful out there.

Comments:
Which Judge in the Eastern District gave this ultimatum ?
 
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