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United States v. Johnson

The Second Circuit has decided to continue to apply pre-Blakely sentencing law while awaiting a decision on Blakely questions certified to the Supreme Court. See Doug Berman, www.sentencing.typepad.com, post for Thursday, August 12, 2004 (discussing United States v. Mincey, where the Second Circuit decided that the district court did not err in applying the Guidelines, but withheld the mandate pending a Supreme Court decision). This suggests that the Second Circuit finds Blakely inapplicable to the Guidelines, but the court provides no reasoning on the issue.
United States v. Johnson, 333 F. Supp. 2d 573, 577 (D. W. Va. 2004)

    

Note: The URL for the post referred to in the case, which is entitled "Second thoughts about the Second Circuit," is: http://sentencing.typepad.com/
sentencing_law_and_policy/2004/08/second_thoughts.html
.

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