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US v. Barkley, 04-CR-119-H (ND Ok. Jan. 24, 2005)

By Tom Lincoln

In what has to be one of the more interesting post-Booker opinions, Chief Judge Holmes of the Northern District of Oklahoma who, post-Blakely, gave us US v. O?Daniel, 328 F. Supp. 2d 1168 (N.D. Okla. 2004) (see this post), and US v. Leach, No. 03-CR-114-H (N.D. Ok. August 13, 2004) (see this post), has now entered an Order in US v. Barkley, 04-CR-119-H (ND Ok. Jan. 24, 2005) in which it would appear he is flaunting the Booker remedial majority's solution of advisory guidelines by going for a system in which the guidelines will be mandatory but one in which the Sixth Amendment rights will be respected. It is interesting reading. 

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on January 27, 2005 (boomark / email).