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Supremes Take Ice

By Brad Bogan

Oregon v. Ice, that is, granting cert on the question

[w]hether the Sixth Amendment, as construed in [Apprendi and Blakely], is violated by the imposition of consecutive sentences based on the sentencing judge's determination of a fact (other than a prior conviction) that was not found by the jury or admitted by the defendant.

It's not immediately apparent to me whether the case will have any impact on federal sentencing, but seeing as how there's still unanswered questions post-Booker, any Sixth Amendment sentencing case is worth rubbernecking.

And as usual, SCOTUSblog gathers the opinion of the Supreme Court of Oregon, cert petition, brief in opposition, and reply.

Full post as published by Fifth Circuit Blog on March 17, 2008 (boomark / email).