Careful retroactivity analysis from WD of Virginia

Today in Lilly v. US, 1:04CV00079 (W.D. Va. Oct. 28, 2004), Chief United States District Judge James P. Jones issued a thoughtful opinion (available here) dealing with Blakely retroactivity issues. Chief Judge Jones notes that the Fourth Circuit’s Hammoud decision means that, for the time being, “sentences under the USSG are not impacted by Blakely in this circuit.” He goes on to explain that “even if Blakely is held applicable to the USSG, it does not apply retroactively to Lilly’s case.”

Walking effectively and clearly through all the steps of Teague, Chief Judge Jones holds that (1) Blakely is “a new rule for purposes of determining retroactivity,” (2) that “Blakely announced a new procedural rule” because “Blakely does not alter the elements of the offense but merely requires that a jury find beyond a reasonable doubt any facts that the USSG requires in order to enhance a sentence, and (3) “Blakely is a new procedural rule that does not meet the requirement of being a watershed rule of criminal procedure.”

The Lilly opinion also addresses a number of related issues concerning the posture and possibilities of different claims for retroactive application of Blakely. Though all the retroactivity analysis in Lilly is, in a sense, dicta, the decision provides a terrific road map through the complicated terrain of retroactivity. Though I am sure defendants with final convictions will not like where the destination ends, everyone working through these complicated issues should benefit from the mapping done in Lilly.