Supreme Court Sidesteps Sentencing Appeals Issue
Since the January 12 ruling, federal appeals courts have been divided on the issue, with some courts allowing automatic appeals and some courts not. Both sides have urged the Supreme Court to rule on the issue, but Monday the court refused to consider a case that addressed the sentencing issue.
The court let stand a lower court's decision that turned down Vladimir Rodriquez's appeal of his nine-year drug sentence. The sentencing judge increased his sentence from six to nine years when he determined Rodriquez was responsible for transporting 30,000 Ecstasy pills, instead of the 2,000 the jury had convicted him of transporting.
This "finding of fact" by the judge, instead of the jury, was the reason the Supreme Court in January ruled that the federal sentencing guidelines were unconstitutional, because a judge, not a jury, made factual determinations that affected length of sentences.
However, without comment, the court let the lower court ruling against Rodriquez stand. The decision leaves the federal appeals courts without guidelines to deal with hundreds of expected appeals.
See Also:
High Court Declines to Rule on Sentencing
Background:
Court Says Sentencing Guidelines Not Mandatory


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