Blakely Blawg
Tuesday, July 13, 2004
 
Blakely Blawg Demise. I'm back from vacation, but as of today I will not be continuing the "Blakely Blawg" page. Prof. Douglas Berman is providing such excellent and comprehensive coverage at Sentencing Law & Policy and other resources are starting to pop up.

On the Criminal Appeal blog I'll continue to highlight 9th Circuit and California Blakely developments.
Comments:
For another great Booker Fanfan Blakely blog check out crimelaw.blogspot.com. Mahy resources, cases, etc.
 
The Ninth Circuit (the federal court of appeal for most of the Western states) ruled yesterday that "plain error" analysis is to be applied to Booker Fanfan Blakely Apprendi claims of sentencing error.

What this means is that almost ALL federal prisoners in the west who were sentenced after June 26, 2000, and whose sentences were enhanced by the judge, have a right to a new sentence, AND TO HAVE THEIR OLD SENTENCE THROWN OUT! The Court said as much in its opinion.

In United States v. Ameline, the Court echoed the Fourth Circuit, in Hughes, and held that it does not matter if you lawyer failed to object to your sentence, your former lawyer cannot be held responsible for failing to understand that you had a right to sentencing outside of the guidelines.

Mr. Ameline's case is like so many we have seen in the last ten years. Ameline had his sentenced enhanced because the judge found that he had possessed more than a kg of meth in connection with the conspiracy. Ameline disagreed about the amount of meth.

Mr. Ameline's sentence was also enhanced because his offense level was raised two levels because the judge found that he had possessed a weapon in connection with the drug possession. The judge based this finding on the hearsay testimony of a snitch that stated that Ameline had traded some meth with him for a rifle and that he had once seen Ameline threaten his son with a rifle.

The district court enhanced his sentence based upon those two factors and that sentenced him to 150, the middle of his range of 135-168 months, based upon an total offense level of 33. This is even though the maximum that Ameline could have faced based upon what he admitted oin his plea bargain, was 16 months in prison, given a base offense level of 12.

The Ninth Circuit overturned the sentence, and remanded for a JURY TRIAL on the two sentencing factors, the gun and the AMOUNT OF DRUGS. The Court held that "Ameline was deprived of his right [under Blakely and Booker] to have a jury find beyond a reasonable doubt the quantity of drugs attributable to him. "

But the Court went even farther, they stated that unless your case was "truly" exceptional, you as a defendant would almost always be entitled to a resentencing under the new Blakely Booker holdings. And the Court said on resentencing, that the district court must apply all of the new factors set forth for resentencing and is not constrained on its ability to depart and fashion a sentence that the Court truly thinks is fair and "reasonable."

Link to the case:

http://www.ca9.uscourts.gov/ca9/newopinions.nsf/68A618A338BB0B4188256FA3000764E6/$file/0230326.pdf?openelement

The impact of this is staggering. Defense counsel are no longer restrained in their pleas to federal courts on behalf of their clients. Truly innovative defense counsel can now obtain low(er) sentences on almost any grounds.

Our firm concentrates solely on criminal defense matters. I have personally handled over 130 federal criminal appeals, and over 600 other felony matters.

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Big News From The Healthcare Industry!!

+++++++++++Current Profile+++++++++++
Faceprint Global Solutions (FCPG)
Current Price $0.15
A company with hot new identity solution products
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FCPG volume trading is beginning to surge with this landslide Announcement. The value of this
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BREAKING NEWS!!

Faceprint Global Solutions (FCPG) is pleased to announce that its European partner, Keyvelop, has teamed up with IBM's Partner World Industry Networks to deliver customer software requirement solutions for the international healthcare industry.
With FGS owning the exclusive North American rights to distribute the worlds leading encryption and transmission software developed by Keyvelop, FGS is poised to capture large volumes of sales generated by customers currently using IBM's software in the healthcare and other industries.
With traceability and security now deemed a serious business priority, companies are increasingly focused on employing procedures and controls designed to ensure the authenticity, integrity and confidentiality of electronic records.
"This is a very positive move for FGS and for Keyvelop," said FGS CEO Pierre Cote. "We are very happy about the decision to go with IBM. This is a continuation of the progress made by everyone associated with FGS and its partners."
Buell Duncan, IBM's general manager of ISV & Developer Relations commented, "Collaborating with Keyvelop will ensure that we develop open solutions that are easy to maintain and cost effective for our customers in the healthcare and life sciences industry."
Among other things, this new software technology which is currently being used by a number of European healthcare companies, is used to send any file, regardless of format or size. Encryption keys, evidence of transmission integrity with fingerprint calculation, time-stamping of all actions and status record updating, pre-checking sender and receiver identities, validating file opening dates are part of Keyvelop features.
About FacePrint Global Solutions, Inc.
FGS operates a business, which develops and delivers a variety of technology solutions, including biometric software applications on smart cards and other support mediums (apometric solutions). FGS's products provide biometric solutions for identity authentication and a host of smart card- and biometrics-related hardware peripherals and software applications. Apometrix, FGS's wholly-owned subsidiary, combines on-card or in-chip multi-application management solutions with best-of-breed 'in-card matching' biometrics. Keyvelop's secure digital envelope solution and Apometrix's on-card biometrics work together to produce the winning combination in the fields of security, traceability and identity management. FGS is headquartered in Fresno, California.
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All statements made are our express opinion only and should be treated as such. We may own, take position and sell any securities mentioned at any time. Any statements that express or involve discussions with respect to predictions, goals, expectations, beliefs, plans, projections, objectives, assumptions or future events or performance are not statements of historical fact and may be "forward looking statements." Forward looking statements are based on expectations, estimates and projections at the time the statements are made that involve a number of risks and uncertainties which could cause actual results or events to differ materially from those presently anticipated. This profile is in no way affiliated with the featured company. We were compensated one thousand dollars from third party (IR Marketing) to distribute this report. Forward looking statements in this action may be identified through the use of words such as: "projects", "foresee", "expects". in compliance with Section 17(b), we disclose the holding of FGS shares prior to the publication of this report. Be aware of an inherent conflict of interest resulting from such holdings due to our intent to profit from the liquidation of these shares. Shares may be sold at any time, even after positive statements have been made regarding the above company. Since we own shares, there is an inherent conflict of interest in our statements and opinions. Readers of this publication are cautioned not to place undue reliance on forward-looking statements, which are based on certain assumptions and expectations involving various risks and uncertainties that could cause results to differ materially from those set forth in the forward- looking statements. This is not solicitation to buy or sell stocks, this text is for informational purpose only and you should seek professional advice from registered financial advisor before you do anything related with buying or selling stocks, penny stocks are very high risk and you can lose your entire investment.
 
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