Sentence ruling hits Utah

Just days after a U.S. Supreme Court decision cast doubts on the legality of thousands of federal sentences nationwide, a Utah federal judge has brought the issue home.

U.S. District Judge Paul Cassell on Monday issued orders in at least a dozen criminal cases on his docket, advising both sides of the constitutional question raised by the high court's Thursday decision and asking defense attorneys to inform him whether they intend to raise the issue prior to sentencing in the cases.

The first Utah hearing on the issue will be held today in Cassell's courtroom in the case of Brent Croxford, who has pleaded guilty to a single charge of sexual exploitation of a child.

However, Cassell's order identifies at least two anticipated sentencing enhancements that "may be vulnerable to challenge under Blakely."

At issue is the Supreme Court's decision in the case of Blakely vs. Washington, in which the 5-4 court determined judges have no authority to lengthen a defendant's prison term beyond that laid out in state sentencing guidelines.

Facts routinely used to enhance a defendant's sentence must be supported by a jury's positive finding to pass constitutional muster, the court said.

Although the court specifically noted it was not expressing an opinion on federal sentencing guidelines, which were not before the court, many have predicted the decision will have a dire impact on the very similar federal sentencing guidelines put in place more than 15 years ago.

Indeed, in a dissenting opinion, Justice Sandra Day O'Connor ominously warned that "the practical consequences of today's decision may be disastrous."

Cassell's move was a proactive one and could impact more than a hundred cases now pending in Utah's federal court. The judge's clerk said Monday that Cassell intends to issue similar orders in all of his criminal cases.

Although that number was unavailable, statistics from the Administrative Office of the Courts show that each of Utah's five full-time federal judges averaged 162 criminal felony cases at any given time in 2003.

Utah's newest federal judge is fast gaining a reputation as an active jurist who frequently raises issues on his own and then asks attorneys to address them.

University of Utah law professor Erik Luna acknowledged Cassell's decision to address the Blakely ruling may be unique but said it isn't at all inappropriate.