Off-line for a while

I am about to head out (and thus be off-line) for the day to attend an OSU alumni event in Cleveland. (I am reminded of one of my favorite lines from my favorite movie, “Hello Cleveland!” Of course, as you all already know, this site goes to 11.)

To read while I am away, I was hoping to have the Minnesota Sentencing Guidelines Commission’s Long-Term recommendations on Blakely, which this MSGC website says is now available. But I cannot get the link to work. Oh well, I hope I can post a working link upon my return.

In the meantime, I have been thinking of late about questions I might ask counsel at oral argument were I a Justice. Perhaps readers have also been thinking about such things and while I am away folks can use the comments to suggest questions they would like to hear asked at argument. I’ll start:

To the lawyer for the government: How many indictments have been Blakely-ized nationwide since June 24?

To the lawyers for the defendants: Do federal judges have authority to convene sentencing juries in the absence of congressional approval?