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Judge Cassell declares USSG unconstitutional

June 30, 2004

I previously noted that law professors like to get the first word on important cases, and apparently that maxim holds even when they become judges. U.S. District Judge Paul Cassell of the District of Utah, who did interesting and provocative work as a law professor before he started doing interesting and provocative work as a judge, became (to my knowledge) the first federal judge to officially decalre the federal sentencing guidelines unconstitutional after Blakely. Here is a link to Judge Cassell’s opinion in US v. Croxford, as well as a link to an article discussing Judge Cassell’s ruling.

Update: I’ve just now had the chance to read Croxford and it is almost as breathtaking as Blakely itself. A must read for all Blakely followers today!