Monday, September 06, 2004

So, it's true! Blakely, although just a state guideline decision and boring to read, CAN have national repercussions!

Apologies to Dumb and Dumber for that title reference...while researching my app ad paper, I stumbled across a Blakely-related case in seems that a pot grower in Cali has appealed his sentence and conviction based on the Ninth Circuit's decision that the Controlled Substances Act is unconstitutional as applied to intrastate production of medical marijuana that is not sold. He's also appealing his sentence based on judicial enhancements, based on Blakely.

A snippet below:

The Ninth Circuit ordered a new trial for Chico medical cannabis defendant Bryan Epis, who was released from federal prison after having served two years of a 10-year sentence for supposedly conspiring to grow over 1,000 plants. In addition to the Raich ruling, Epis raised several other issues in his appeal, among them that his sentence had been enhanced without a jury hearing, in violation of the Supreme CourtĪ€s recent Blakely decision.

Not sure if you're aware of this one, DAB, or if it's even important in the least, but at least it's one more instance of someone asking "Who's your daddy" and another individual appealing a sentence saying "Blakely's my daddy!"



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