September 28, 2004

Sending you all to Macondo Law to "Revised - A bit on Booker & Fanfan, and looking back on Mistretta and Apprendi"

I invite you to visit Macondo Law and check out the following post Revised - A bit on Booker & Fanfan, and looking back at Mistretta and Apprendi which I think you will find interesting. I would also urge you to post your comments there which may help grasping which way the Court will go on the two issues now facing it in Booker and Fanfan:
  1. Blakely's application to the federal guidelines; and
  2. Severability of the Guidelines and/or the Sentencing Reform Act.
Who do you think are the swing votes and why?