Document Type
Article
Publication Title
Federal Sentencing Reporter
Publication Date
2004
ISSN
1053-9867
Page Number
316
Keywords
sentences, criminal procedure, Federal Sentencing Guidelines
Disciplines
Criminal Procedure | Law
Abstract
Federal criminal sentencing in the wake of Blakely v. Washington is, to put it charitably, a mess. In holding that Blakely's sentence under the Washington State Sentencing Guidelines was imposed in a manner inconsistent with the Sixth Amendment right to a jury trial, the decision threatens the operation of the Federal Sentencing Guidelines and the presumptive sentencing systems in fourteen states. In Parts I and II of this article, we address how Blakely has affected the Federal Sentencing Guidelines, and how assistant U.S. attorneys, federal public defenders, and district and appellate court judges might proceed in a post-Blakely world. In Part III, we discuss Blakely challenges raised in cases on direct and collateral review. Finally, in Part IV, we collect some of the various options for reform open to Congress.
Recommended Citation
Nancy J. King and Susan Riva Klein,
Beyond Blakely, 16 Federal Sentencing Reporter. 316
(2004)
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/803