Pickering et al. say USSG pass muster under Blakely

In U.S. v. Piniero, a panel of the Fifth Circuit including Judge Charles Pickering from Mississippi upheld a constitutional challenge to the federal sentencing guidelines based on Blakely.

Mysteriously, in U.S. v. Penaranda, the Second Circuit "certified the question" to the U.S. Supreme Court, which sounds like a good idea but who knew (not Volokh and not Instapundit, nor Stuart Buck) it could be done.