Statute
Sixth Amendment
421 published works
Sentencing Law and Policy
An unfair SCOTUS fight?
Main September 26, 2004An unfair SCOTUS fight?I have now finally finished reading the respondents' briefs in Booker and Fanfan (available here), and I my first reaction is to feel sympathy…
Sentencing Law and Policy
Consecutive questions about consecutive sentencing
Main August 31, 2004Consecutive questions about consecutive sentencingAs I have suggested before here and here, the "prior conviction" exception should be — and perhaps through Shepard v. US will be…
Sentencing Law and Policy
More guidance from the 9th Circuit
Main August 27, 2004More guidance from the 9th CircuitWe know that, pending decisions in Booker and Fanfan, at least four circuit courts are trying to proceed with business as usual…
Sentencing Law and Policy
Distinguishing the federal system structurally?
Main August 27, 2004Distinguishing the federal system structurally?In Koch, Judge Sutton's defense of the federal guidelines for the Sixth Circuit en banc majority (details here) goes to great length to…
Sentencing Law and Policy
The Second Circuit’s Backup Plan
Main August 12, 2004The Second Circuit's Backup PlanPost from Ron: Reader Alex Eisemann just brought to my attention a decision from the Second Circuit that appears to give up on…
Sentencing Law and Policy
They can’t all haveBlakelyclaims, can they?
Main July 26, 2004They can't all have Blakely claims, can they?As detailed in this New York Times article, the number of persons under the control of the criminal justice has…
Sentencing Law and Policy
The 9th Circuit speaks!!
Main July 21, 2004The 9th Circuit speaks!!This just in. The Ninth Circuit, in US v. Ameline, through an opinion by Judge Richard A. Paez (with Judge Wardlaw in agreement and…
Sentencing Law and Policy
Anyone doingBlakely”head counts”?
Main July 19, 2004Anyone doing Blakely "head counts"?A number of folks have reasonably asked — and I am always wondering — about the total number of courts that have declared…
Sentencing Law and Policy
More bigBlakelynews from the south
Main July 11, 2004More big Blakely news from the southNews must move slowly from south to north, because only this weekend did I get details on a ruling apparently made…
Sentencing Law and Policy
The 7th Circuit speaks!!
Main July 9, 2004The 7th Circuit speaks!!Per Judge Posner, with Judge Easterbrook dissenting, here is the opinion in US v. Booker. WOW, WOW, WOW!UPDATE: I have just finished Judge Posner's…