Wednesday, July 14, 2004

Blakely's perhaps telling reference to 21 U.S.C. §§841(b)(1)(A), (D)

If Blakely did not apply to the federal sentencing guidelines, why would Justice Scalia use, of all statutes he could have used as an example, 21 U.S.C. §§841(b)(1)(A), (D) -a federal statute- in the majority opinion? See Blakely, slip op. at 15.