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Criminal Law
: Puerto Rico Association of Criminal Defense LawyersIs Pedro Martinez pitching at the First Circuit?
By Tom Lincoln
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The First Circuit is throwing out left and right all Blakely
claims raised for the first time on appeal by applying plain error and
even discussing whether the claims have been waived rather than
forfeited by not having been raised earlier. Feels as if Pedro Martinez
were pitching for the First Circuit.
On Monday, November 1st, 2004 the Circuit issued three opinions dealing blows to appellants' Blakely claims. See United States v. Del Rosario, No. 02-2377 (1st Cir. Nov. 1, 2004), United States v. Martinez-Bermudez, No. 02-2419 (1st Cir. Nov. 1, 2004), and United States v. Stearns, No. 03-2340 (1st Cir. Nov. 1, 2004).
And today another Blakely claim struck out in United States v. Coyne, No. 03-2013 (1st Cir. Nov. 4, 2004) (not for publication)...continue to full postFull post as published by Puerto Rico Association of Criminal Defense Lawyers on November 04, 2004 (boomark / email).
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