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Guidelines Unconstitutional and Not Severable - Judge Nancy Gertner

By Tom Lincoln

In a well reasoned opinion in U.S. v. Mueffleman, et al. (D.Mass., July 26, 2004), Judge Gertner has held "that Blakely unquestionably applies to the Federal Sentencing Guidelines; and that the Guidelines are rendered unconstitutional in their entirety by that application." (Emphasis added). The opinion also rejects that part of the Government's argument that wishes to maintain the guidelines intact in cases with no Blakely issues and completely inoperable in those with Blakely issues. At the same time, it is worth noting that the Government advances a selective severability argument. They claim that the Guidelines are only unconstitutional with respect to cases involving sentencing enhancements. The system can be unseverable with respect to the enhancements...continue to full post

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on July 26, 2004 (boomark / email).