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Blakely v. Washington, U.S. v. Booker, and U.S. v. Fanfan
The constitutionality of the federal sentencing guidelines, and nearly a dozen state sentencing guidelines schemes, was seriously called into question June 24, 2004, with the Supreme Court’s decision in Blakely v. Washington, No. 02-1632. The case, following the line of Apprendi v. New Jersey and its progeny, held that no sentence in a criminal case can be enhanced beyond the statutory maximum for an offense unless the fact is found by a jury or the defendant waives the jury (or pleads guilty to it).
This Blakely Resource Page collects the latest opinions, briefs, transcripts, articles and op-eds, and special Members Only features. It is updated regularly with submissions from NACDL members and public defenders and private lawyers in the criminal defense bar at large.
To read NACDL President Barry Scheck’s statement praising the Blakely decision, click here.
Booker/Fanfan Decided Jan. 12, 2005. Click Here to Enter NACDL's Federal Sentencing Press Room.
U.S. Sentencing Commission Public Hearing
Tuesday, Nov. 16 and Wednesday Nov. 17, the U.S. Sentencing Commission held a public hearing regarding changes to the Sentencing Guidelines.
Click to view:
A transcript of the proceedings...
Written testimony submitted to the Sentencing Commission...
The Champion
Case Materials
Post-Blakely Decisions
Post-Blakely Resources
News and Opinion
Other NACDL Resources
Web logs ("blogs")
Web Links
NACDL is making available the audio recording of the Blakely Panel held in San Francisco entitled: "Addressing the Implications of Blakely on State & Federal Sentencing Guidelines." Panelists were Jeffrey Fisher, Hon. Nancy Gertner, Carmen Hernandez, Peter Goldberger, Steve Kalar, and Ron Weich.
Order your copy today -- click here...
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National Association of Criminal Defense Lawyers (NACDL)
1660 L St., NW, 12th Floor, Washington, DC 20036
(202) 872-8600 Fax (202) 872-8690
assist@nacdl.org
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