Beyond Blakely

Professors Nancy J. King and Susan R. Klein have authored a stunningly comprehensive (draft) article concerning the post-Blakely world entitled “Beyond Blakely.” Here’s how they describe the scope of their efforts:

In Parts I and II of this article, we address how Blakely has affected the Federal Sentencing Guidelines, and how assistant U.S. attorneys, federal public defenders, and district and appellate court judges might proceed in a post-Blakely world. In Part III, we discuss Blakely challenges raised in cases on direct and collateral review. Finally, in Part IV, we collect some of the various options for reform open to Congress.

In sharing this article with me now, Professors King and Klein have stressed that this draft is a “work-in-progress” which they “are anxious to share with anyone who may find it helpful” even though it is not yet “entirely polished.” As they note on the draft, a revised version of this article will be published in the forthcoming special issue of the Federal Sentencing Reporter later this month, and Professors King and Klein “welcome any suggestions or comments readers may have.” Here’s the article:
Download king_and_klein_beyond_blakely.wpd

UPDATE: With thanks owed to Peter Schmidt, who does great work with the USSGuide, I can now provide this pdf version of the King/Klein article:
Download kingklein_beyond_blakely.pdf
Also, now on the USSGuide’s Blakely page is a terrifically helpful circuit-by-circuit list of Blakely rulings. As Peter rightly notes to me, we need to get prepared for “the onslaught of cases we all expect in the next few weeks.”