Via Law Prof Doug Berman at Sentencing Law and Policy: The 4th Circuit En Banc today has refused to invalidate the federal sentencing guidelines. The order states:

According to the vote of a majority of the en banc court constituted to hear this appeal, we affirm the judgment and hold that Blakely v. Washington, does not operate to invalidate Hammoud's sentence under the federal sentencing guidelines. Therefore, district courts within the Fourth Circuit are hereby instructed to continue sentencing defendants in accordance with the guidelines, as was the practice before Blakely. In the interest of judicial economy, however, we recommend that district court within the Fourth Circuit also announce, at the time of sentencing, a sentence pursuant to 18 USC 3553(a), treating the guidelines as advisory only. Majority and dissenting opinions will follow in due course.