Thursday, July 01, 2004
Guidelines Partially Unconstitutional. According to a partial sentencing transcript in U.S. v. Fanfan, Judge (June 28, 2004) District Judge D. Brock Hornby (D. Maine) held that Blakely applied to the federal sentencing guidelines. Rather than tossing the entire book out, however, Judge Hornby calculated the guideline range based on only the facts found by the jury, as reflected by the verdicts. This meant the quantity of cocaine was limited to 500 grams and there would be no leadership role enhancements. Instead of a range of 188-235 months, the range was 63-78 months. In sentencing the defendant at the high end of the range, the court relied on the defendant's leadership role.
In concluding that Blakely applied to the guidelines, Judge Hornby relied, not just on the reasoning of the majority, but the warnings of the dissenters and the Solicitor General that such reasoning would apply to the federal guidelines.
Update: Read the S.G.'s parade of horribles amicus brief here.