May 16, 2005
The Monday Booker GVR report
As well covered over at the SCOTUSblog, today's major Supreme Court action was outside the arena of criminal law. [UPDATE: It bears noting, however, that the Court has decided through its cert grant in a Georgia case, as explained in this AP article, to use the prison context to continue its federalism jurisprudence surrounding the Americans with Disabilities Act. This development reinforces my observation in this post about the frequent intersection this SCOTUS term of criminal justice, constitutional law, federalism and hot button issues.]
But, of course, Monday morning with the Court in session does mean more Booker-inspired GVRs. As detailed in the comments to this post, the running count of these GVRs was 688 before today, and this morning I count 28 more on this order list.
Interestingly, I see that in today's group of GVRs is Nunez v. US, a case from the Eleventh Circuit that Tom Goldstein at SCOTUSblog had identified here as a case the Court might grant for regular argument because it raised Booker pipeline issues. I thus surmise that the Supreme Court is content to allow such issues to continue to percolate in the lower courts. But as I detailed in this extended post, Booker pipeline issues are only one of many items that appear on my list of Blakely/Booker question that I think urgently merit the Supreme Court's attention.
May 16, 2005 at 10:35 AM | Permalink
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Has anyone seen any re-sentencings in 7th under post-Booker on a limited remand?
Posted by: ST | May 16, 2005 1:06:54 PM