Posted on 07/14/2004 10:40:51 PM PDT by NormsRevenge
CINCINNATI (AP) - A four-state appeals court ruled Wednesday that federal sentencing guidelines are only recommendations, adding to the judicial confusion created by a Supreme Court ruling last month. The 6th U.S. Circuit Court of Appeals ruled in a Tennessee case that federal judges do not need to adhere to guidelines that were designed to equalize sentences for similar crimes.
The 6th Circuit hears federal appeals from Ohio, Michigan, Kentucky and Tennessee. Wednesday's ruling ordered resentencing in a bank fraud case.
Some lawyers said Wednesday's ruling could affect thousands of cases that were tried in the past 20 years under guidelines approved by Congress.
"This is the closest thing to legal anarchy that I'll ever see in my lifetime," said Douglas Berman, a law professor at Ohio State University. "Nobody knows the rules anymore, and nobody knows who to turn to."
The Supreme Court ruling in June dealt with sentencing guidelines in Washington state that some authorities say closely resemble those on the federal level. The court ruled that a judge cannot increase a sentence beyond the maximum based on any facts that are not decided by a jury.
Federal sentencing guidelines include a points-based system that gives judges a limited range of sentences to choose from in each case, and gives them only small leeway to impose harsher or more lenient punishment.
However, the system does make judges responsible for determining some facts that can lengthen a prison term, such as whether a firearm was used in a crime or the amount of drugs seized in a raid.
Congress already is holding hearings on the Supreme Court's 5-4 ruling, which has led to differing interpretations by trial judges. Some federal trial judges have concluded that the ruling in Blakely v. Washington also applies to them.
In at least three instances, federal judges rescinded a sentence that appeared unconstitutional considering the high court's new rules. Others have delayed sentencings.
This sould be of interest, professionally.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.