Tuesday, July 20, 2004

It's Booker and Fanfan to the S.Ct. (plus other Blakely updates)

The New York Times has an article today here (registration required) reporting that Acting Solicitor General Paul D. Clement plans to take both the Booker case from the 7th Circuit, and the Fanfan case from the District of Maine (Judge D. Brock Hornby) to the Supreme Court, and has already cleared with the Court an expedited briefing schedule with the goal of oral argument held the first week of October.

In a separate development the 6th Circuit has ordered rehearing en banc in the U.S. v. Montgomery, in which the panel had concluded that the guidelines were to be just that, "guidelines."

A polling of various defense attorneys in San Juan today revealed that the only District Judge here to have apparently sentenced a defendant with Blakely issues involved, is Judge Salvador E. Casellas. Apparently he followed the holding of Blakely as Judge Hornby -in Fanfan- (and many other Judges) have interpreted it: upward adjustments neither admitted to by the defendant, nor found by the jury beyond a reasonable doubt are out of the calculus.

If anyone has any information regarding other sentencing hearings with Blakely issues in D.P.R., please post a comment to this post.