May 24, 2005
Fanfan to be resentenced today
I have heard from a helpful reader that Ducan Fanfan — who, in a future "law nerd" version of Trivial Pursuit, will be the answer to the question "What was the name of the defendant in the companion case to US v. Booker?" — is scheduled to be resentenced today.
Recall that Freddie Booker was a post-Booker loser because Wisconsin US District Judge Shabaz exercised his discretion to impose the same enhanced sentence upon resentencing that Booker initially received (details here). But such a repeat resentencing result would be a win for Fanfan since, as detailed here, he originally received a 78-month sentence (rather than a sentence within the guidelines range of 188-235 months) because US District Judge Brock Hornby, sentencing Fanfan four days after Blakely was handed down, refused to consider facts beyond those established at Fanfan's trial.
I will, of course, share details about Ducan Fanfan's resentencing when I know more.
May 24, 2005 at 01:09 PM | Permalink
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Tracked on Jul 3, 2005 1:57:02 PM
Fanfan is not going to be as "lucky" as Booker. He will get tagged with a higher sentence. It would be "unreasonable" to do otherwise b/c the Judge improperly shielded himself from presumably valid information that this is a worse offender than the Judge had previously considered.
Posted by: Ooops | May 24, 2005 2:01:20 PM
"Presumably valid" information? That's a laugh. The whole point of Blakely was supposed to be that the 6th Amendment violation prevented the defendant from getting the factfinding-by-jury to which he's constitutionally entitled. And now we're left with all manner of accusations being "presumably valid" at sentencing. That's what happens when you split the baby.
Posted by: Bob Jenkins | May 24, 2005 3:18:21 PM
It is often more valid than the sob story "family circumstances" and "community involvement" stuff the defense bar is now trucking into court.
Posted by: Ooops | May 24, 2005 5:36:16 PM