The hits just keep on coming

Many thanks to my many thoughtful readers who pass along big news as it breaks. Here’s the latest: Senior US District Judge Peter Dorsey of the District of Connecticut has issued a memorandum opinion adopting what Judge Cassell deemed in Croxford the “the second option” — that is, finding that upward enhancements are barred by Blakely but that, under the maxim that courts must avoid constitutional consequences at all costs, the Guidelines as a whole need not be found unconstitutional. The case is US v. Toro, 3:02CR362(PCD), and it is linked here:
Download toro_ruling.pdf