A Blakely waiver is a waiver of certain sentencing guidelines by a criminal defendant during plea negotiations. It is a waiver of the right to trial on sentencing factors that may be used to increase or enhance sentencing. In a Blakely waiver, the defendant gives up the right to a jury or court trial on any sentencing factors and consents to the judge's determination of the exisitence of any sentencing factors with in the judge's discretion, as allowed by applicable laws and rules of court.
The following is an example of a Blakely waiver used by some federal prosecutors:
I am also waiving any right I may have for a jury determination of any and all facts relevant to the application of any Sentencing Guideline factors by the United States District Judge. I agree the District Judge should make the Sentencing Guideline determination using the preponderance of the evidence standard. I understand that by signing this plea agreement I waive any right to a jury determination of sentencing factors that may exist under Blakely and Apprendi, and any case interpreting these two Supreme Court decisions.
