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Wednesday, December 08, 2010

Ind. Decisions - "A Harris test case? Seventh Circuit affirms extraordinary sentencing factor enhancement"

Sentencing Law & Policy Blog has this entry re a case of out of Illinois. The post begins:

Among the many "quirks" in the modern Apprendi/Blakely Sixth Amendment jurisprudence from the Supreme Court is the Harris mandatory minimum exception to the rule requiring jury findings of important sentence-enhancing facts. This "quirk" in on full display in the Seventh Circuit's fascinating ruling today in US v. Krieger, No. 09-1333 (7th Cir. Dec. 7, 2010), in which a panel affirms a 20-year mandatory minimum sentence based on judicial fact-finding about the defendant's drug crime resulting in a friend's death.

Posted by Marcia Oddi on December 8, 2010 08:56 AM
Posted to Ind. (7th Cir.) Decisions