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Memorandum Highlights Need for Defense Counsel to Continue Ascertaining PSR's Accuracy - even when it does not impact sentence

By Tom Lincoln

Professor Berman has posted at Sentencing Law and Policy here an August 27th Memorandum from Honorable Sim Lake, Chair of the Committee on Criminal Law of the Judicial Conference of the United States to all federal judges wherein it is requested that in all cases they complete a supplemental statement of reasons form dealing with how the Court applied Blakely -if at all- to the case. The memorandum itself indicates, in part, that: Since Blakely was decided, the Committee has had ongoing dialogue with the United States Sentencing Commission and the Federal Bureau of Prisons on how best to standardize data collection to reflect the district court rulings with respect to sentencing decisions. The United States Sentencing Commission has determined that part of its mission of monitoring application of the guidelines includes recording how Blakely is impacting sentencing decisions...continue to full post

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on August 29, 2004 (boomark / email).