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.

Call or email today.

Chip Venie, Esq.
(619) 235-8300
chipesq@hotmail.com
 
Hey, you have a great blog here! I'm definitely going to bookmark you! I have a multi level marketing program mlm site. It pretty much covers multi level marketing program mlmrelated stuff. Come and check it out if you get time :-)
 
a lot of premium products and services being offered for free. What’s best is that there is a seemingly
 
I was just browsing various blogs as I was doing a search on the phrase work at home internet business opportunity, and I just wanted to say that I really like what you've done with your blog, even though it wasn't particularly related to what I searched for. I appreciate your postings, and your blog is a good example of how a blog should be done. I've only just recently started a work at home internet business opportunity website - feel free to visit it when you get a chance if you wish. Much success, Eric.
 
Hey, you have a great blog here! I'm definitely going to bookmark you!
I have a internet connection speed testerinternet connection speed tester site/blog. It pretty much covers internet connection speed tester Problems with your Windows Xp Computing !
Come and check it out if you get time :-)
 
Just go to Your inbox and Look for your Newsletter publication from the 3 Marketeers Club!
 
Check Out this Site About work at home moms
 
You have a very nice site … I’ll be back.
Your visitors may also enjoy this site:
business from from from home home home honest honest honest internet opportunity successforfreedom.com work work work
 
New to blogin, found yours. Interesting. You might find mine so too. Christian business opportunity,http://biz4christians.com/1139Christian business opportunity,
 
New to blogin, found yours. Interesting. You might find mine so too. busineess christian online opportunity,http://biz4christians.com/1139busineess christian online opportunity,
 
Shop online today. Forget driving to the mall when you can just click the mouse and order from your favorite store. No traffic to deal with
 
I have been following a site now for almost 2 years and I have found it to be both reliable and profitable. They post daily and their stock trades have been beating
the indexes easily.

Take a look at Wallstreetwinnersonline.com

RickJ
 
these blogs are helpful. thx, mike. and i wish you all good fortune with your mlm biz
 
Hello ##NAME##, with all the information on work at home jobs I became very overwhelmed. Anyway, I was online doing a specific search for the most current information on work at home jobs and somehow I ended up on your site. ##NAME## to be frank, ##TITLE## wasn't not the exact match to what I was looking for, but boy am I glad I'm here. You've certainly managed to grab me attention and peak my interest. I must say this is a great blog and I'm most certainly happy that I stopped by eventhough it wasn't the work at home jobs related information I was looking for. Thanks. Keep up the good work.
 
It's time to take charge of your future and independence by having your own business!
 
Hello ##NAME##, with all the information on work at home I became very overwhelmed. Anyway, I was online doing a specific search for the most current information on work at home and somehow I ended up on your site. ##NAME## to be frank, ##TITLE## wasn't not the exact match to what I was looking for, but boy am I glad I'm here. You've certainly managed to grab me attention and peak my interest. I must say this is a great blog and I'm most certainly happy that I stopped by eventhough it wasn't the work at home related information I was looking for. Thanks. Keep up the good work.
 
This is a great opportunity. Just push a button 4 times per day and make $1,000's per month within one year.
 
Blogger,

We don't you put a link to your blog about Network Marketing on our site
for free? We have a specific category for Network Marketing related
sites. We get tons of visitors and your link will be permanent.
See: http://www.leadcub.net. Thank you.

John

Get 10,000 free opt in leads right now.
 
Blogger,

Regarding this post. Are you interested in some
free advertising for your blog on safelists?
You are welcome place your link on our site for free.
See safelists or http://www.leadclub.net. We have a specific
category for safelists. Good luck.

John

Get 10,000 free opt in leads right now.
 
Just blogging for a while, found your site that also happens to be around business web hosting uk, so just saying what's up.

Charles
 
Hi, Just browsing around for ideas for my site. (While we're at the same topic), I'm just getting started if you want to visit:
cheap hosting companies

Charles
 
Just blogging for a while, found your site that also happens to be around free web hosting and site building, so just saying what's up.

Charles
 
Post a Comment

<< Home

Powered by Blogger