US v. Morrisette, No. 04-2387. The court rejects an argument that someone with a history of mental illness failed to render a proper guilty plea. The court discusses the caselaw regarding how to handle someone on a lot of medication who is pleading guilty, and agrees with the lower court’s findings that he knew what he was doing. The court determined the drug weight at sentencing to be 70 grams, without a laboratory analysis. However, since this was based on a fact admitted at the plea, this wasn’t a problem.
But the District Court did even more:
During the Rule 11 colloquy, the district court informed Morrisette that, given the recent decision in Blakely v. Washington, 542 U.S. 296 (2004) (invalidating state sentencing guidelines similar to the federal Guidelines), it was possible that the Supreme Court might determine that the Guidelines violated a defendant’s Sixth Amendment rights where the court predicated its sentence upon a drug quantity not determined by a jury.