Pubdate: Thu, 13 Jan 2005
Source: Register-Guard, The (OR)
Copyright: 2005 The Register-Guard
Contact:  http://www.registerguard.com/
Details: http://www.mapinc.org/media/362
Author: Mark Baker, The Register-Guard
Bookmark: http://www.mapinc.org/topics/federal+sentencing
Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing)

STATE HAD AWAITED SENTENCING RULINGS

Wednesday's U.S. Supreme Court decision making federal sentencing
guidelines advisory rather than mandatory is not expected to create
chaos in Oregon and Lane County courts, say legal experts, local
attorneys and judges who handle federal cases.

But then again, they're not exactly sure what to expect.

"It's anybody's guess how this is going to play out," said Craig
Weinerman, the federal public defender in Lane County.

Judges are human and they have their own opinions and their own ideas
about what an appropriate sentence might be for a certain defendant,
said Ancer Haggerty, chief federal judge in Portland for the District
of Oregon.

"We may get the unfortunate result of different sentences for the same
crime. That's what the opinion suggests," Haggerty said. The court's
intention was that juries, not judges, should consider factors that
could add years to a defendant's sentence.

"A person with a crystal ball probably couldn't make a determination"
of how this monumental decision will play out, Haggerty said, adding
that the effects probably will be felt seven or eight years from now.

"Nothing is surprising about it," University of Oregon School of Law
professor Margaret Paris said of the decision.

There simply aren't that many federal cases in Oregon, partly because
the state hasn't had enough money in recent years to prosecute and
incarcerate criminals, Paris said.

Some cases in Lane County and around the state have been delayed or
put on hold awaiting the high court's decision, Weinerman said.

Defendants who already have been sentenced and have direct appeals
pending will be affected because their attorneys will be able to cite
Wednesday's decision when the Oregon Court of Appeals hears their
cases, he said.

Because of the likely future effect on cases, Gov. Ted Kulongoski
asked the Oregon Criminal Justice Division to form a work group last
year to study the impact if the court made guidelines advisory.

Phil Lemman, the former director of the state's Criminal Justice
Division and the work group's facilitator, said he doesn't expect any
major immediate impact in the state, but there exists the uncertainty
of how the decision will affect the appeals process.

What's hanging out there, Lemman said, are cases on appeal where
defendants received multiple sentences under federal sentencing guidelines.

Wednesday's decision has the potential to throw these cases "back into
the trial courts and cause a lot of problems," Lemman said.
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MAP posted-by: Richard Lake