Sunday, March 13, 2005

Another Booker Blakely win in Fourth Circuit

The Fourth Circuit gave reversed a 65 year sentence last week in United States v. Johnson. The Fourth Circuit found "plain error" because a jury failed to find facts in aggravation that amounted to impostion of an extra 32.25 years to Mr. Johnson's sentence. The Court also made some interesting rulings on Miranda issues.

See full case below:

http://caselaw.lp.findlaw.com/data2/circs/4th/034677p.pdf

Chip Venie, Esq.
Chip Venie was a staff attorney for the Fourth Circuit from 1999-2000. He is now in private practice in San Diego, California.

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