Document Type
Article
Publication Title
Federal Sentencing Reporter
Volume
17
Publication Date
2004
Keywords
Blakely v. Washington, Criminal Defense, certiorari
Abstract
Although the long term impact of Blakely v. Washington is not yet clear, no one can doubt that the case raises a host of immediate, significant and perplexing practical questions for federal criminal defense attorneys. The Supreme Court has granted certiorari in a pair of cases raising Blakely issues and oral argument is scheduled for October 4, 2004. It seems likely that the Supreme Court will offer some guidance by Thanksgiving. Until the Court rules, uncertainty will continue as the lower courts interpret Blakely in disparate ways. Once the Court does rule, many hard questions may remain unanswered. This article suggests how defense counsel can effectively represent clients during this period of uncertainty.
Recommended Citation
Ian Weinstein and Nathaniel Z. Marmur,
Federal Sentencing during the Interregnum: Defense Practice as the Blakely Dust Settles , 17 Fed. Sent. R. 51
(2004-2005)
Available at: https://ir.lawnet.fordham.edu/faculty_scholarship/423
