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To: Binkmeister
When a Judge imposes a sentence outside the standard or recommended range, he or she must comply with the rule announced in Blakely vs. Washington (2003)

Blakely is, so far, not retroactive, and how is a judge imposing sentence in 1986 supposed to comply with a ruling made in 2003?

85 posted on 02/09/2006 6:37:00 AM PST by Senator Bedfellow
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To: Senator Bedfellow
One must make an effort in order to achieve justice. Just throwing up the towel and saying the Constitution didn't apply 20 years ago in the same way, or the old interpretation must stand if the injustice is 20 years old is simply caving in to cynicism.
127 posted on 02/09/2006 8:01:06 AM PST by Binkmeister (A little knowledge is a dangerous thing)
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