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Comments on US v. O'Daniel, No. 02-CR-159-H (N.D. Okl., August 6, 2004)

By Tom Lincoln

In United States v. Danny Eugene O?Daniel, No. 02-CR-159-H (N.D. Oklahoma, August 6, 2004),(link below) a case involving a pre-Blakely guilty plea with a rather detailed plea agreement, the district held: Blakely applicable to the federal sentencing guidelines; that defendant had waived his right to jury fact-finding (the Court had earlier indicated intent to vacate guilty plea post-Blakely, the Government and defendant objected, with defendant insisting his plea was a voluntary and knowing one, so the court said it would then proceed to sentencing with judicial fact-finding); that the Rules of Evidence would apply at sentencing as to any sentencing enhancements; and that the Court would make findings on enhancements based on the beyond a reasonable doubt standard...continue to full post

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on August 08, 2004 (boomark / email).