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First Circuit Watch: Court finds Blakely argument inapplicable, waived, and forfeited

By Tom Lincoln

In United States v. Carlos Lopez, No. 03-1767 (1st Cir. August 19, 2004), the Court stated at n. 1: Counsel for appellant submitted two letters pursuant to Fed. R. App. P. 28(j) in which he asserted that, under Blakely v. Washington, 124 S.Ct. 2531 (2004), this court should strike down the federal sentencing guidelines and remand this case. Blakely held that a sentence that was enhanced on the basis of factors found by the judge, rather than the jury, violated the defendant's constitutional right to trial by jury. The appellant in this case, however, received the minimum statutory sentence, and counsel has offered no explanation as to why Blakely would apply. The argument is thus waived. See Mulvihill v. Top-Flite Golf Co., 335 F...continue to full post

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on August 19, 2004 (boomark / email).