In sharp contrast to the Sixth and Seventh Circuit rulings in U.S. v. Montgomery, No. 03-5256 (6th Cir. July 14, 2004) and U.S. v. Booker, No. 03-4225 (7th Cir. July 9, 2004), the Fifth Circuit concluded in the instant case that Blakely v. Washington, 124 S.Ct. 2531 (2004) does not ...

In the scholarly and logical fashion for which she is renowned, Judge Gertner has presented the most comprehensive - and one of the most compelling - analyses of the impact of Blakely v. Washington on the Federal Sentencing Guidelines that we have seen to date.

She started by noting that ...

By a sharply divided vote, and over strong wails of protest from the Government, the Ninth Circuit upheld Judge Molloy’s a standing order that required the U.S. Attorney's office in Montana to assemble the data required to comply with the court's reporting requirements under the Feeney Amendment. (See prior decision ...

Here Judge Harrington announced that, in light of Blakely, he would recommence accepting criminal cases (after a three year absence) because Blakely appears to promise a return to the traditional approach to sentencing.

One of the unintended effects of Blakely v. Washington may be that it will bring Senior Judge ...

This is another of a number of recent cases in which a Federal judge has rebelled against the undisguised efforts of prosecutors to wrest total control over all aspects of sentencing away from the judiciary.

Here, the two defendants were originally indicted on drug charges in a Michigan state court ...

Sharply disagreeing with the approach taken by Judge Sweet in Stauber v. City of New York, No. 03 Civ. 9162 (S.D.N.Y. July 16, 2004) (P&J, 06/28/04), Judge O’Toole upheld the right of the Massachusetts Bay Transportation Authority ti conduct warrantless and suspicionless searches of handbags, briefcases and other items carried ...

U.S. v. McClain, 377 F.3d 219 (2nd Cir. 07/28/2004) (Judge Sotomayor)
U.S. v. Saget, 377 F.3d 223 (2nd Cir. 07/28/2004) (Judge Sotomayor)

These are the Second Circuit’s first two decisions interpreting the Supreme Court’s recent landmark decision in Crawford v. Washington, 124 S.Ct. 1354 (2004) (P&J, 2/15/04). Under Crawford, “testimonial” ...

This decision is noted for Judge Kozinski's strong dissent in which he challenged the propriety of a model instruction to grand jurors that prohibits them from considering the wisdom of the criminal laws passed by Congress.

The central issue before the Court in this case was whether a portion of ...

U.S. v. McClain, 377 F.3d 219 (2nd Cir. 07/28/2004) (Judge Sotomayor)
U.S. v. Saget, 377 F.3d 223 (2nd Cir. 07/28/2004) (Judge Sotomayor)

These are the Second Circuit’s first two decisions interpreting the Supreme Court’s recent landmark decision in Crawford v. Washington, 124 S.Ct. 1354 (2004) (P&J, 2/15/04). Under Crawford, “testimonial” ...