Saturday, September 18, 2004

US v. Morgan (1st Cir.) Will See the Light

According to the docket sheet, the previously unpublished opinion of the First Circuit in US v. Morgan, No. 03-1768 (1st Cir. Sept. 2, 2004) will be amended and published. Although Morgan does not explicitly hold that Blakely invalidates the guidelines, it is certainly in tension with district court cases from that circuit that have said just that.

Below you'll find the docket sheet. (Thanks to the reader who provided the tip).

03-1768  US v. Morgan

9/14/04 ERRATA SHEET to opinion filed. The opinion of this court
issued September 2, 2004, is amended as follows: On page 17,
line 7, insert between "circuit precedent," and "we cannot"
the following: "(not yet clearly established to be
erroneous)" [905665-1] [909348-1] [03-1768] (turn)

9/15/04 ORDER entered by Judge Bruce M. Selya, Judge John C.
Porfilio, and Judge Sandra L. Lynch. This court's opinion
of September 2, 2004, previously issued not for
publication, is to be published. [03-1768] (turn)

Docket as of September 15, 2004 8:31 pm

Great job on your talk on investment fraud. I have a investment fraud secrets blog if you wanna swing by my place!
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