Tuesday, July 06, 2004

DOJ: Ignore Blakely

The DOJ has written in a memo, sent on July 2, saying that "The position of the United States is that the rule announced in Blakely does not apply to the Federal Sentencing Guidelines, and that the Guidelines may continue to be constitutionally applied in their intended fashion, i.e. through factfinding by a judge, under the preponderance of the evidence standard, at sentencing."

The Senate Committee on the Judiciary is slated to hold hearings on the Guidelines next week.

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