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54 Nassau Law. 1 (2004-2005)

handle is hein.barjournals/nassau0054 and id is 1 raw text is: Nassau

The Journal of the Nassau County Ba

a r
ar Association

September 2004

Laye Asssac

www. nassau bar. org
Domus On The Lawn
here is no better way
to end the summer
and start off a new
season than by celebrating
with colleagues in the
relaxed atmosphere of
Domus. Thursday, Septem-
ber 9 will mark the fifth
annual Nassau County Bar
Association Barbecue,
Domus on the Lawn. We
wish to thank our spon-
sors, who this year include
State Bank of Long Island,
L'Abbate Balkin Colavito
and ContiAi, MacGregor
Abstract   Corp    and
Bertholon Rowland. We
will be extending a warm
Nassau County welcome to
two distinguished academi-
cians who are joining the
See DOMUS, Page 4     J
Chaos in federal sentencing
How Blakely v Washington has altered the landscape

By ELLIOT J. BLUMENTHAL
On June 24, 2004, the United States
Supreme Court sent tremors through the
world of federal sentencing with its much
publicized   decision   in   Blakely   v.
Washington.1   Although   Blakely   itself
addresses the unconstitutional aspects of
the State of Washington's sentencing guide-
lines, Washington's sentencing scheme is so
similar to the United States Sentencing
Guidelines that the Blakely decision has
created confusion and inconsistency in the
federal courts.2 In the weeks that have fol-
lowed, courts all over the country have
struggled with the Blakely decision's mean-
ing, implications and applicability. Almost

every day new federal district and circuit
court decisions based upon Blakely are
released. Blakely blogs have sprung up on
the internet keeping lawyers updated on
the latest decisions, articles and commen-
taries regarding Blakely.3 In this article, I
will attempt to lay out the major implica-
tions of the Blakely decision and the ques-
tions it raises. By the time this article is
published many other implications of the
Blakely decision may evolve and many new
questions may be raised.
The Blakely Decision
Ralph Howard Blakely, Jr. pleaded guilty
to kidnaping his estranged wife in the
See CHAOS, Page to

Co-editors welcome participation
Cheryl L. Bartow and Dorothy S. Morrill, new co-
editors of the Nassau Lawyer, welcome the height-
ened interest in the publication that continues after
the able leadership of Richard D. Collins and
Douglas Lieberman. On behalf of the Publications
.. .                                      Committee, we look forward to an exciting year.
Karen L. Roth, an associate at Saln Ward and
Baker in Garden City, will serve as news editor.
The Nassau Lawyer will continue to highlight
the legal, personal and charitable accomplishments
7                                                  of the NCBA members. It will continue to be a guide
to association events and Domus activities, while at
the same time featuring programs of the numerous
NASSAU LAWYER CO-EDITORS:        specialty bars and other legal associations
Dorothy S. Morrill and Cheryl L. Bartow               See CO-EDITORS, Page 22

Vol. 54, No. 1
Aftorney Photos for Secure Pass
Applications and Renewals
$10.00 Fee
For NCBA Members Only
Sept. 7th & 8th
9:00 a.m. - 4:00 p.m.
Sept. 9th
9:00 a.m. - 7:00 p.m.
Oct. 5th, 6th & 7th
9:00 a.m. - 4:00 p.m.
Lower Level in the Tech Center of the
Nassau County Bar Association

I  Nasa Lawyer

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