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Supreme Court Takes Two Blakely Cases

As expected, the Supreme Court today agreed to hear two cases decided adversely to the Government in the wake of its Blakely decision. Sentencing Law and Policy and Scotusblog have the details.

Accepting all of the suggestions of the Justice Department, the Court agreed to review two constitutional questions in two cases – U.S. v. Booker, 04-104, and U.S. v. Fanfan, 04-105. The Court indicated it would decide whether Blakely applies to the Guidelines and, if so, whether the entire Guidelines system is invalid, or some of it can be salvaged.

Oral argument will be October 4. The Government's briefs are due Sept. 1, defense briefs Sept. 21, and any government reply brief Sept. 27. Here are the questions:

  • 1. Whether the Sixth Amendment is violated by the imposition of an enhanced sentence under the United States Sentencing Guidelines based on the sentencing judge’s determination of a fact (other than a prior conviction) that was not found by the jury or admitted by the defendant.
  • 2. If the answer to the first question is ‘yes,’ the following question is presented: whether, in a case in which the Guidelines would require the court to find a sentence-enhancing fact, the Sentencing Guidelines as a whole would be inapplicable, as a matter of severability analysis, such that the sentencing court must exercise its discretion to sentencing the defendant within the maximum and minimum set by statute for the offense of conviction.”

TalkLeft's contributing blogger TChris is counsel for the defendant in the Booker case. I'm thrilled for him that he will be arguing such an important issue in the nation's highest court--what an honor. Of course, it also means he will have no time to blog until the case is over--except, maybe an occasional post. Just got this email from him:

As you predicted, the Supreme Court granted cert in both Booker and Fanfan. Oral argument is the afternoon of 10/4. In view of the expedited schedule, it may be awhile before I can post anything, although I might do an occasional post for stress relief.

You can leave comments and best wishes to TChris here. He's been an invaluable contributor to TalkLeft for the past eight months and I know I don't thank him enough.

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