I conclude that, without those jury findings here, I may not increase the sentence above the 63 to 78 month range to the guideline range I found earlier of 188 to 235 months.[comment] These large cuts in the maximum sentence should fade fairly quickly as prosecutors allege more facts, charge more crimes, file superceding indictments, etc.
I point to that conclusion, although perhaps surprising to those of us who have been laboring under guideline sentencing for these many years, that conclusion would not bother the Blakely court.
I quote again from the opinion, "The Framers would not have thought it too hard to demand that, before depriving a man of three more years of his liberty, the State should have to suffer the modest inconvenience of submitting its accusation to 'the unanimous suffrage of twelve of his equals and neighbours,' rather than a lone employee," that's me, the Judge "of the State."
01 July 2004
The Trickle Before the Torrent II
Other Blakely opinions have come forth from WV (reduction under the sentencing guidelines from 240 months to 6-12 months) and Maine:
Author: Ken Lammers on 7/01/2004