Dallas Criminal Lawyer – David Finn

July 12, 2004
Posted by
Dallas Criminal Lawyer – David Finn
The Honorable Orrin Hatch
United States Senate
Washington, DC 20510
The Honorable Patrick Leahy
United State Senate
Washington, DC 20510
Re: Blakely v. Washington and the Future of the Federal Sentencing Guidelines

Dear Senators Hatch and Leahy:
We are writing on behalf of the National Association of Criminal [...]

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Looks like the United States Supreme Court will be deciding whether the federal sentencing guidelines will stand as we now know them.

United States Court of Appeals
Fifth Circuit
F I L E D
July 12, 2004 IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT Charles R. Fulbruge III
Clerk
_____________________
No. 03-30437
_____________________
UNITED STATES OF AMERICA
Plaintiff – Appellee
v.
FRANCISCO D PINEIRO, [...]

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For Those Who Think They Can Attack A Sentencing Based on The SCT opinion
in Blakely, here’s a sample Memorandum In Aid Of Resentencing out of the
Federal Public Defender’s office in DC.
For more information on this evolving drama:

___________________________________________________
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA, )
)
v. ) Crim. [...]

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This policy memo was issued by DOJ on July 2 regarding the United States Supreme Court’s ruling in Blakely.
No major suprise here.

The DOJ memo begins as follows:
The position of the United States is that the rule announced in Blakely does not apply to the Federal Sentencing Guidelines, and that the Guidelines may continue to be [...]

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OTC Meds Being Restricted Due to Meth Fears
Reported by USA Today
USA Today on July 6, 2004.
Decongestant sales being curbed to halt meth trade
A growing number of states are enacting laws to restrict sales of over-the-counter cold and allergy medicines such as Sudafed in an effort to halt production of the highly addictive stimulant [...]

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Strike Two – Second Court Takes Down Guidelines
______________________________________________
Deseret Morning News, Wednesday, June 30, 2004
Judge tosses federal guides
Cassell says rules on sentencing unconstitutional
By Angie Welling
Deseret Morning News
A Utah judge on Tuesday declared federal sentencing guidelines cannot be constitutionally applied in a child pornography case, taking the lead in a national debate sparked [...]

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Justice Kennedy calls for re-examination of federal, state policies
Wednesday, June 23, 2004
Kennedy blasts sentencing scheme
WASHINGTON (AP) — Supreme Court Justice Anthony M. Kennedy said Wednesday that society should re-examine how it spends money and makes choices about who goes to prison, how long they stay and what happens when they get out.
He [...]

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By JOAN LOWY
June 30, 2004
Lead exposure in early childhood may have played an important role in the national epidemic of violent crime in the late 20th century and the equally spectacular decline in crime rates of the past decade, some researchers contend.
Economic consultant Rick Nevin, hired by the Department of Housing and Urban Development to [...]

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Perry announces CPS investigation
Governor reacts to April report, June indictment
By POLLY ROSS HUGHES
Copyright 2004 Houston Chronicle Austin Bureau
AUSTIN — On the heels of an unusual criminal indictment against an entire state agency, Gov. Rick Perry called late Thursday for an investigation into Child Protective Services.
Perry’s call for action is the first public step he’s [...]

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Lawyers Tout Cuts in Prison Sentencing
Maro Robbins
San Antonio Express-News Staff Writer
06/24/2004
Depicting the nation’s tough-on-crime tactics as costly and overused, the country’s largest lawyers group issued a report Wednesday that suggests Texas locked up more lawbreakers than was necessary to reduce crime.
The report from the American Bar Association addressed concerns raised by U.S. Supreme Court Justice [...]

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