From Deseret News archives:
Judge tosses federal guides
Cassell says rules on sentencing unconstitutional
"I take no pleasure in striking down the guidelines today . . . but the court's fundamental obligation is to uphold the Constitution," U.S. District Judge Paul Cassell said in declining to follow the guidelines implemented by Congress more than 15 years ago.
Though he was careful to say his decision applied only to the case at hand, Cassell later noted in a 39-page order the "potentially cataclysmic implications of such a holding."
Cassell first raised the issue Monday when he began issuing orders in each of his criminal cases advising prosecutors and defense attorneys of the constitutional questions brought about by the Supreme Court's ruling.
Cassell's courtroom was packed Tuesday with defense attorneys, prosecutors and law clerks all anticipating some type of sweeping decision on the issue.
"It's a huge case," said defense attorney David Finlayson. "It really does have a wide-range effect on the (application) of the guidelines and it's going to be litigated, I'm sure, for a long time."
Thursday's ruling in Blakely v. Washington called into question the constitutionality of tens of thousands of sentences imposed under state and federal sentencing guidelines. The divided court held that judges cannot legally rely on facts not proven beyond a reasonable doubt to lengthen a defendant's prison term beyond that set out in sentencing guidelines.
Though the decision applied only to Washington state's sentencing guidelines, a dissenting opinion noted the similarity between that framework and the federal guidelines. Cassell, too, found the similarities too great to ignore.
"Doesn't the rationale also lead to the conclusion that the federal sentencing guidelines are unconstitutional?" Cassell asked Tuesday. "Isn't it time for the other shoe to drop?"
In light of the ruling, which Cassell wrote imposed a "constitutional straitjacket" on the court, the judge determined he had three options in sentencing Finlayson's client, Brent Croxford, on one count of sexual exploitation of a child.
Comments
- NFL: Week 12 recap 12:50 a.m.
- '12 Days' bill would top $87K 12:35 a.m.
- Study finds autism therapy works 12:35 a.m.
- Boy shot following traffic stop 12:35 a.m.
- Sports on the air 12:24 a.m.
- Herbert builds his team of rivals 12:21 a.m.
- Corroon a step closer to governor 12:21 a.m.
- Monday on TV 12:18 a.m.
- Editorial: East, West and religion 12:17 a.m.
- A deficit commission? 12:17 a.m.
- Hall mouths off about hate of Utah
- BYU is champion of the state
- Cougars beat Utes in overtime
- Credit Coug defense for win
- Marriage definitions vary widely
- Field goals, penalties doomed Utes
- Cougar defense rose to occasion
- Banged up Jazz get best of Blazers
- Jones' joy for life remembered
- Fantasy is reality for BYU professor
- Hall mouths off about hate of Utah
869 - Cougars beat Utes in overtime
473 - Max Hall issues apology
145 - BYU is champion of the state
137 - Man trapped in Nutty Putty cave dies
117 - Cave to be sealed with body inside
116 - Rivalry Week is highly profane
90 - Hall's legacy measured today
79 - Hall's pain reflects self-betrayal
68 - Utes fall to Seattle U. at home
65
I wanted to tell them not to go. I dropped subtle hints. "My money is on...
When I was a kid, I worshipped my grandpa. He was undoubtedly my hero....
I find it interesting that many of the same people who say that we can't...
None of these teams is going to be easy. They all have fine football...
Max, no apology was necessary, but the apology was polically correct. If...
Very good piece of writing, Amy. You summarized what many of us have been...
How is a top 25 finish make Utah a top twenty team? I think what the poster...
90% of the BYU & Utah fans have class, and Hall knows it. If you don't...
This might be my favorite article I've ever read from the Deseret News. Kudos.
Thank you for not giving up and don't give up now brother and sister...
Dr. Lois Lee's work with children who are victims of child sexual...
Look at the preview for Pixar's "Up". The whole move is summarized in...



You can be the first to comment on this story.