Pubdate: Tue, 25 Jan 2005 Source: Telegraph (NH) Copyright: 2005 Telegraph Publishing Company Contact: http://www.nashuatelegraph.com Details: http://www.mapinc.org/media/885 DRUG-DEALING CASES SENT TO STATE FOR RESENTENCING CONCORD - Two New Hampshire drug dealing cases are among the 400 the U.S. Supreme Court has sent back to lower courts for resentencing after it found the federal sentencing guidelines unconstitutional earlier this month. The New Hampshire cases are those of Robert Champagne and James Coyne, who were sentenced to more than 12 years in prison in separate cases. U.S. District County Clerk James Starr said he expects appeals may be filed by other federal inmates sentenced in U.S. District Court in Concord. Jonathan Saxe, the state's assistant federal public defender, said he expected lots of inmates to file appeals, but did not think many would get time shaved off their sentences. "Will the floodgates open? I don't think so," he said. "There are many issues that will have to be litigated." While courts will have to review challenged sentences in some cases, the Supreme Court did not make its ruling retroactive, so it only applies to people whose appeals were still pending or incomplete. And the guidelines, while no longer mandatory, can still be used by judges for guidance. Saxe also said that defendants who failed to argue their sentences were unfair at the sentencing hearing or in their appeals may not be able to raise the issue now. "Going backward, if you were sentenced under the guidelines and . . . if you didn't raise the issue, you're out of luck," he said. Inmates involved in the 400 cases cited by the high court Monday argued that judges had boosted their sentences improperly based on factors that had not come before the jury during trial. The Supreme Court ruled Jan. 12 that the federal guidelines violated a defendant's Sixth Amendment right to a jury trial because the 18-year-old guidelines required judges, instead of juries, to make factual decisions that affect prison time, such as the quantity of drugs involved in a bust or the amount of money involved in fraud. Under the ruling, the guidelines are no longer mandatory but advisory. As a result, federal judges are free to sentence convicted criminals as they see fit, but they may be subject to reversal if appeals courts find them "unreasonable." - --- MAP posted-by: Beth