Lower Court Holding
Decision of the Seventh Circuit U.S. Court of Appeals
We have expedited our decision in an effort to provide some guidance to the district judges (and our own court’s staff), who are faced with an avalanche of motions for resentencing in the light of Blakely v. Washington (2004), which has cast a long shadow over the Federal Sentencing Guidelines. We cannot, of course, provide definitive guidance — only the Supreme Court and Congress can do that; our hope is that an early opinion will help speed the issue to a definitive resolution. Blakely and Supreme Court PrecedentBlakely invalidates under the Sixth Amendment (which has, of course, long been held…
