Thursday, September 09, 2004
Thursday News and Updates
Quattrone gets 18 months. Law.com has a story on the sentencing, in which Judge Owen enhanced Quattrone's sentence for perjury, Blakely notwithstanding. The article discusses perjury and Blakely in reasonable detail.
From Mississippi, U.S. District Judge David Bramlette has delayed sentencing a defendant who may have valid Blakely claims. The defendant's case, which involves drug offenses, presents some relevant conduct issues which may be proscribed by Blakely.
The Oregon Court of Appeals has issued a Blakely opinion in Oregon v. Sawatzky (0003-32189, 0009-37299; A116857 (Control), A117424)(Ore. Ct. App.
The court summarizes the
Here's how the court sums it all up:
In light of the Court's statements in Blakely, it is apparent that the rationale underlying Dilts was incorrect. The Court has made clear in Blakely that a "statutory maximum" sentence for purposes of the Sixth Amendment is not something that, by mere legislative directive, can encompass a sentence enhancement that is based solely on judicial factfinding.
We conclude, consistently with Blakely, that the relevant "prescribed statutory maximum" under the
Sentences vacated; cases remanded for resentencing; otherwise affirmed.Also from Oregon, the Oregon State Bar has published and article entitled, "Has the Supreme Court made us an offer we can’t refuse?" The article was written by attorney Jesse Wm. Barton, who also happens to have been the victor in Oregon v. Sawatzky. According to Barton:
This is a fantastic article for those that have an interest in the Oregon sentencing guidelines, or state guidelines in general. I also happen to like the concluding paragraph:
From the 7th Circuit - US v. Loutos
Loutos pled guilty to wire fraud and his sentence was enhanced based on the relevant conduct (amount of loss) proven in the trial of a co-defendant. Despite rejecting the defendant's motion to withdraw his plea agreement, the 7th Circuit remanded Loutos's case for resentencing because the district court judge relied on relevant conduct which was not submitted to the jury.
From the 10th Circuit
In Leonard v. US, 2004 U.S. App. LEXIS 18958 (10th Cir., Sept. 8, 2004), the court denied a defendant's motion under the Antiterrorism and Effective Death Penalty Act (AEDPA) to file a second or successive 28 U.S.C. § 2255 motion based on Blakely.
The Colorado Supreme Court will hear a Blakely appeal. Yesterday, the court issued the following cert. grant:
Whether Blakely v. Washington, 159 L. Ed. 2d 403, 541 U.S. __, 124 S. Ct. 2531 ( June 24, 2004 ), and Apprendi v. New Jersey, 530 U.S. 466, 147 L. Ed. 2d 435 (2000) prohibit the aggravation of petitioner's sentence because the statutory enhancement factors, defined in section 18-1-105(9)(a)(II) and section 18-1-105(9)(a)(V), were never charged in an information nor pled to by petitioner.
DENIED AS TO ALL OTHER ISSUES.
Petition for Writ of Certiorari GRANTED EN BANC.