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Seventh Circuit Rules Appellate Counsel "Deficient" For Failure to Raise Booker Claim

By Douglas A. Berman

Just before Booker was decided by the Supreme Court (but several months after the Seventh Circuit had held that the mandatory guidelines were unconstitutional in the same case and the Supreme Court had granted certiorari), Brett Stallings was sentenced to 188 months? imprisonment after being convicted of possession of a firearm by a felon.  At the sentencing hearing, the Judge appeared to follow the guidelines as if they were mandatory, stating ?under the law, I believe I am required to impose a certain, at least minimum sentence.? Trial counsel did not object to the mandatory application of the sentencing guidelines.  Furthermore, the Judge rejected defense counsel?s suggestion to impose an alternative sentence, as Blakely was then under review by the Supreme Court...continue to full post

Full post as published by Sentencing Law and Policy on July 31, 2008 (boomark / email).