Tuesday, July 20, 2004

Update: US v. Booker, US v. Fanfan and the Supreme Court

A trusted source has confirmed that the SG is writing a cert petition for US v. Booker.  They tell me that the SG's office will have it done by tomorrow at the earliest.
That leaves open the question of whether the SG will file a petition in US v. Fafan.

Update: My source tells me that the SG will, in fact, file a cert pet in US v. Fanfan as well.
Marcia Oddi (who is a trusted source but not the one I refer to in this post) has brought to my attention that the 7th Circuit has amended US v. Booker, available here. When I figure out what has been changed, I'll post that information here.

Update: I've been informed that the following paragraph was added to the opinion:
Because the government does not argue that Booker's Sixth Amendment challenge to the guidelines was forfeited by not being made in the district court, we need not consider the application of the doctrine of plain error, e.g., United States v. Olano, 507 U.S. 725, 731 (1993), to challenges inspired by the Blakely decision.
Another Update: Lyle Denniston of SCOTUS Blog has posted an extended discussion of Booker and Fanfan, with lots of potential twists and turns.

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