Tuesday, August 10, 2004

Blakely briefing Order from First Circuit

In U.S. v. Cianci, the First Circuit issued the following Order on August 10 2004:

Defendant-appellants jointly seek permission to make supplemental filings addressing the Supreme Court's recent decision in Blakely v. Washington, 124 S.Ct. 2531 (June 24, 2004). They may make such filings with the court in the form of supplemental briefs not to exceed twenty pages, no later than thirty days from the date of this order, with service to opposing counsel. These briefs shall also address the issue of whether defendant-appellants have waived any Blakely issue by not raising it in their original appeals.

The United States shall file a response brief with the court not to exceed twenty pages, no later than fifteen days from the date the last defendant-appellants' supplemental briefs are filed, with service to opposing counsel.