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A perfect Sixth Amendment test case for SCOTUS?

By Douglas A. Berman

In separate opinions in recent years, Justice Stevens has suggested that he might like to overrule the Harris decision allowing judges to find facts triggering mandatory minimum sentence, and Justices Scalia and Thomas have indicated in various ways their concerns about the preservation of Sixth Amendment principles in the application of the Booker remedy.  In addition, the entire Court has seemed none too impressed with the Eighth Circuit's work in crack sentencing cases. For all these reasons (and a few others), I view the Eighth Circuit's work today in US v. Webb, No. 08-1331 (8th Cir. Oct. 28, 2008) (available here) has some real cert potential.  The first paragraph of the Webb opinion reveals why the case could be of great interest to any Justice still serious about the reach and application of Sixth Amendment jury trial rights at sentencing: Micaiah Rey and Geno Webb were convicted of conspiracy to distribute cocaine base in violation of 21 U...continue to full post

Full post as published by Sentencing Law and Policy on October 28, 2008 (boomark / email).