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Blakely and Criminal History points

By Tom Lincoln

We have learned that at a sentencing today Judge Singal (D.Me.) granted a defendant's motion -on Blakely grounds- objecting to increases in the Criminal History Category based on §4A1.1(d) (2 points added to criminal history computation because instant offense committed while on supervised release) and §4A1.1(e) (1 point added because the instant offense committed less than two years following the defendant's release from custody). While Blakely will not apply to the fact of a prior conviction simpliciter, here it was applied to the additional findings of whether the instant offense was committed while on supervised release and whether the instant offense was committed less than 2 years following release from custody. I will try to obtain a copy of any transdcript or Sentencing Memorandum available.continue to full post

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