Thursday, July 29, 2004

SG's Opposition Briefs in Bijou and Pineiro (And More)

The SG has filed opposition briefs in US v. Bijou and US v. Pineiro.

Here's a key passage which appears in both opposition briefs:

The petition in this case should be held pending the disposition of the petitions in Booker and Fanfan, rather than granted. For the reasons set forth in the government’s response to the oppositions to the petitions in Booker and Fanfan, those cases present better vehicles for resolution of the applicability of Blakely to judicial factfinding that results in upward adjustments under the Sentencing Guidelines.

Update: Pineiro's reply brief is available.
 
 
Information Overload: Despite my label, you should read Lyle Denniston's most recent SCOTUS blog post. Lyle summarizes the day's frenzied events and offers a look inside the judge's chambers.

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