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Opinions of Judges
 July
1, 2004 - The Associated Press
Utah Judge Rejects U.S. Sentencing Rules
By Patty Henetz Associated Press Writer
SALT LAKE CITY (AP) - For the second time in eight
days, a judge has declared federal sentencing guidelines unconstitutional.
U.S. District Judge Paul Cassell cited a Supreme Court decision
last week in a Washington state case. That decision, Cassell
indicated, sets an unrealistic standard for applying the guidelines.
Several days before the Supreme Court's decision, a federal judge in Boston, ruling in an unrelated
case, declared federal guidelines unconstitutional because
they unfairly limit the authority of judges.
Cassell set a hearing for Aug. 2 for federal prosecutors to
respond to his decision.
In the meantime, he said he will order the Utah federal court
to announce two sentences at each hearing: the sentence the court
would impose if the federal guidelines are considered unconstitutional,
and the sentence the court would impose if the guidelines stand.
The Supreme Court's decision said that only a jury, not a
judge, can sentence someone to more prison time than mandated
by state or federal sentencing guidelines.
The decision appears to set a difficult standard, giving defendants
a right to demand that juries determine beyond a reasonable doubt
every fact that could lengthen their sentences.
While the decision applied only to Washington, it has thrown
courts across the nation into turmoil as prosecutors and judges
try to figure out how to handle cases immediately before them.
Last Friday, federal prosecutors in Philadelphia postponed
the sentencing of an anti-abortion activist once on the FBI's
most-wanted list because of the confusion. On Tuesday, a federal
judge in Charleston, W.Va., postponed several sentencings amid
the confusion.
Melody Rydalch, spokeswoman for Paul Warner, the U.S. Attorney
for Utah, said Tuesday that he has asked the Justice Department
for advice on national standards in light of the rulings.
Cassell issued his decision in a child sexual exploitation
case.
Copyright 2004 - The Associated Press All Rights Reserved
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