I just finished viewing The Heritage Foundation hosted discussion about the status of federal criminal sentencing policy. It lasts 1 hr. 25 minuntes.
From Representative Feeney, I expected and got the worst Blakely outlook. In essence, he agrees with the DOJ position in Booker & Fanfan, but warns that if the Court does not, then Congress will basically accomodate the guidelines to remove them from the reach of the Fifth and Sixth Amendments. He does not say it in so many words, but that is exactly what he is saying. A wise man, this fellow Feeney! Apparently it is beneath such genius as his to simply have a sentencing system that actually accomodates the Fifth and Sixth Amendment guarantees.