Martha, my dear…

According to this CNN report, it only took the obviously efficient US District Judge Miriam Cedarbaum a one-sentence, handwritten note to reject attempts by Martha Stewart’s legal team to declare the federal sentencing guidelines unconstitutional. Here’s the note, as reported by CNN:

The sentencing guidelines applicable to this case do not require any enhancement by the judge, accordingly, Blakely is not in point.

I am not sufficiently familiar with the details of Martha’s prosecution to know if this is a sound legal ruling. But, as suggested here, were Martha being sentenced in the Sixth Circuit, the fact that her case apparently involves no “Blakely factors” might not matter. In any event, I would especially encourage any white-collar practioners to use the comments to discuss whether this is really as simple as Judge Cedarbaum makes it sound.