The tumult caused by the U.S. Supreme Court decision Blakely v. Washington, which struck down sentencing rules that allowed a judge, not a jury, to increase sentences, has prompted the 2nd U.S. Circuit Court of Appeals to ask the Court for direction on the federal guidelines. The unusual step of certifying questions to the Supreme Court was needed, according to the circuit, to "avoid a major disruption in the administration of criminal justice in the federal courts."
'Blakely' Prompts Question From 2nd Circuit to High Court
New York Law Journal
July 14, 2004