Douglas Berman of Sentencing Law and Policy has a post today recommending for reading Chief Judge Sven Erik Holmes' opinion in US v. O'Daniel. Of particular interest are Berman's, and Judge Holmes', discussion of waiver, and Berman's conclusion that:
The sentencing world in Judge Holmes' courtroom seems so much more orderly and predictable than in those courtrooms in which judges have declared the entire guidelines system unconstitutional. * * * In other words, Judge Holmes has presented a sound and sensible way to maintain our old guidelines world while still making it compliant with the Sixth Amendment and the dictates of Blakely.Posted by Marcia Oddi at August 7, 2004 10:57 AM