« The joys of post-Booker review in the 8th Circuit | Main | Another month of Booker stats from the USSC »

November 16, 2005

Busy Booker day in the First Circuit

Thanks to the always helpful Appellate Law & Procedure, I see that the First Circuit had a busy Booker day.  From a quick scan of AL&P's posts on the three Booker rulings, which are here and here and here, it does not appear that the First Circuit broke any significant new ground.

Of the bunch, US v. Morrisette, No. 04-2387 (1st Cir. Nov. 16, 2005) (available here), is perhaps the most notable because of its holding that Blakely and Booker are inapplicable to "safety-valve" eligibility findings because "Blakely, and by extension Booker, expressly relate only to the constitutionality of judicial factfinding which results in sentencing enhancements, not to sentencing reductions"  (emphasis in original).

November 16, 2005 at 05:55 PM | Permalink

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d83451574769e200d8352217a553ef

Listed below are links to weblogs that reference Busy Booker day in the First Circuit:

Comments

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB