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: Puerto Rico Association of Criminal Defense Lawyers

Blakely, Booker & Supervised Release Revocation

By Tom Lincoln

In United States v. Work, No. 04-2172 (1st Cir. June 3, 2005) defendant-appellant argued "that the Sixth Amendment, as interpreted in Blakely v. Washington, 124 S. Ct. 2531 (2004), applies to the revocation of supervised release and the consequent imposition of additional prison time." More to the point, he argued that "when such a revocation leads to additional imprisonment above and beyond the top of the original guideline sentencing range, the facts underlying the revocation must be proven to a jury beyond a reasonable doubt." The First Circuit rejected this argument, concluding that "appellant's argument is doubly flawed: it is premised not only on a misunderstanding of supervised release but also on an attempted importation of Sixth Amendment jury trial rights into an area in which they do not belong...continue to full post

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on June 04, 2005 (boomark / email).