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Blog Scan

Volokh Conspiracy: Orin Kerr has been blogging about Judge Jack Weinstein's opinion in United States v. Polizzi. The links can be found here. Of particular interest is Kerr's discussion of the Booker and Blakely decisions, especially in light of SCOTUS grant of certiorari in Oregon v. Ice, and whether the judge or the jury should find specific facts.

And in other Blakely news:
How Appealing and Sentencing Law and Policy both had links to a Hawai'i Supreme Court decision approving the constitutionality of Hawai'i legislation addressing the Blakely issue. According to an article quoted at Sentencing Law and Policy, the court held that "enhanced" sentences may be imposed on criminals identified as dangers to the community so long as prosecutors notify defendants at the outset that enhanced sentencing will be pursued.

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