Not being a legal person I'd like imput from those of you who are.

Have the federal sentencing guidelines themselves ever been challenged in cases before the courts?

Are there any cases pending to challenge the use of the federal enhancements
per the Blakley case?

Thanks, these questions coming from inside the walls...where the internet is not permitted.

WJ

I believe that the short answer is yes to both. However, all previous cases brought constitutional challnges that were not under the Sixth Amendment. Blakely and Apprendi are the first under the 6th, but it was a Washington State guideline system.

I have been informed that there are two cases that the DOJs office has just brought up to the Supreme Court asking them to interpret Blakely. The DOJ has asked that they be heard on an expedited schedule. So, it is likely that they will be heard soon, possibly even before the next session begins in October. Once, we get one or both of these opinions, assuming the Supreme Court agrees to hear the matters, we will have some better idea of Blakely's effect.

Hope this helps.

Not being a legal person I'd like imput from those of you who are.

Have the federal sentencing guidelines themselves ever been challenged in cases before the courts?

Are there any cases pending to challenge the use of the federal enhancements
per the Blakley case?

Thanks, these questions coming from inside the walls...where the internet is not permitted.

WJ