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Sentencing Law and Policy
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Second Circuit notes “tension” between supervised release scheme and Blakely

By Douglas Berman

Yesterday the Second Circuit, in US v. Robinson, No. 04-6664 (2d Cir. July 20, 2005) (available for download below), discussed how a sentence based on a supervised release violation could functionally enhance a guideline sentence, and thus judicial factfinding within the federal supervised release scheme “is in some tension with the rationale of Blakely and Booker.” Despite this “tension,” the Robinson court ultimately rejects the defendant’s Sixth Amendment claim.

Thanks to a helpful reader, I am able to provide the Robinson decision for download below even though for some reason the decision does not yet appear to be available on the Second Circuit’s website.

Download 2d_cir_robinson_decision.pdf

UPDATE: The opinion can now be accessed at this link, and additional coverage of this interesting decision can be found at the Second Circuit Blog and at Appellate Law & Practice.