Third Circuit Requests Briefing. In a case that has already been argued, the Third Circuit has sua sponte requested briefing on whether Blakely requires resentencing if the court affirms the conviction. This post-argument sua sponte request in a case in which there was no Apprendi objection in the district court and no Apprendi argument in the Court of Appeals reflects on the magnitude of Blakely.
- posted by Him @ 1:23 PM