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November 9, 2004

Lots to do while we wait

My knowledgeable sources tell me that the earliest we would see an opinion in Booker and Fanfan is now November 15, and they also say that November 29 (the Monday after Thanksgiving weekend) is even more likely.  Fortunately, there are lots of Blakely activities to keep us busy in the meantime.

If you are in a Supreme Court mood, you can follow the happenings in the other Washington and Indiana.  Starting this morning, the Washington Supreme Court will be considering a series of Blakely cases and issues over two days as detailed here and here, and you can even hear a live webcast of tomorrow morning's Blakely-related cases in the Indiana Supreme Court here.  The Seattle Post-Intelligencer in this article previews the Washington cases with a focus on the retroactivity; INCourts and the Indiana Law Blog will surely provide great coverage of the Indiana cases.

If you want to focus on what's going on in the trial courts, you can keep on eye on the work of the sentencing jury in the Enron Nigerian barge case (background here), which according to this report is back to deliberating over contested sentence-enhancing guideline factors.  Or you can study this Administrative Order Regarding Sentencing After Blakely from Rhode Island US Judge William E. Smith (it is two months old, but I just came across it). Or you can lament that, according to this report, white supremacist Matt Hale's sentencing is being delayed until we see a decision in Booker and Fanfan.

And if you want to focus on the work of a commission, you can join me in gearing up the this US Sentencing Commission hearing next week.  Though I believe the hearing's witness list is still being finalized, I have heard that a number of the folks who wrote for the Federal Sentencing Reporter's Blakely Issues (16.5 and 17.1) have been invited to testify.  I will provide more details, and copies of any written materials I receive (such as the PAG Letter here), as soon as possible.

November 9, 2004 at 11:59 AM | Permalink


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Defense attorney
The oral argument for the Washington cases
can be heard on TVW, the Washington State
Public Affairs Network, at

Posted by: Dennis Lee Burman | Nov 9, 2004 8:44:27 PM

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