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More from the First Circuit on Blakely - and it's not good

By Tom Lincoln

In United States v. Morgan, No. 03-1768 (1st Cir. September 2, 2004) (not for publication), the First Circuit addresses issues of "waiver" and "forfeiture" of claims (in this case a Blakely claim). Morgan was sentenced before Blakely was decided, and he contested the drug quantity at sentencing. The appeal followed, and Blakely was decided after oral argument. Appellant's counsel submitted a post-argument letter pursuant to Fed. R. App. P. 28(j) seeking additional review of his sentencing in light of Blakely v. Washington, ___ U.S. ___, 124 S. Ct. 2531 (2004).to the Court raising the Blakely claim. The First Circuit recognized that Blakely could potentially affect the trial court?s sentence in the present case, which was based partially on its own finding holding Morgan responsible for between 80 and 100 kilograms of marijuana as the amount that he could reasonably foresee within the scope of the criminal operation...continue to full post

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on September 03, 2004 (boomark / email).