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Ever since the Supreme Court rendered its landmark decision in the case of Blakely v. Washington, lawyers and judges have been cast in the role of prognosticators, trying to predict how the courts — most importantly the Supreme Court itself — will apply Blakely to the Federal Sentencing Guidelines. We will soon know the answer, as the Supreme Court has agreed to hear arguments on Oct. 4, 2004, after expedited briefing. Until then, however, lawyers must prognosticate — at the risk of guessing wrong.
Blakely and Its Aftermath
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