Monday, August 02, 2004

Supreme Court sets Blakely Round 2 argument for October 4

SCOTUSBlog says here that the U.S. Supreme Court has taken on the federal sentencing consequences of Blakely and will hear oral argument in two cases on October 4.

The question the Court will consider, again according to SCOTUSBlog, are these:

"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."

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