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November 23, 2004

Interesting reports from the front lines

I have received a few interesting responses to my post here this morning, in which I speculated that a vast number of sentencings have been postponed until Booker and Fanfan are decided.  Specifically, I have heard from two "in the know" folks in two distinct districts (in different circuits) who report that the pending Booker and Fanfan have had little impact on the federal docket — that is, sentencing hearings are generally not being delayed in these districts while the rest of us wait for Booker and Fanfan to be resolved. 

Notably, according to these reports, though sentencings are going forward in these two districts, they are going forward in distinctly different ways under distinctly different understandings of the applicable federal sentencing rules and procedures.  These anecdotal reports, of course, just feed my now ravenous desire for post-Blakely federal sentencing data from the USSC.

I highly encourage readers to use the comments or to send me e-mails with additional reports from the field.

November 23, 2004 at 05:10 PM | Permalink


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I am a defense attorney. Our office went to trial in the Nortern District of Illinois, Western Division in September. Our client was convicted of violation of 18 U.S.C. 1954. Prior to the jury being instructed, the Govt,requested a special interrogatory regarding the elements of fiduciary and amount of loss. We agreed to having the court decide these factors since they were already in the indictment. Prior to sentencing, the govt, now wants an enchancement for perjury. We have objected to this as being waived by the govt, and a violation of his rights to a jury trial. The other issue we intend to bring up is what jury gets to hear this issue. If the govt did not waive the issue, does the previous jury have to be reconvened. The matter was set for sentencing on November 19th and the court continued the matter pending the decision in Booker. It is my understanding the court here has continued several sentencing decisions pending a decisions from the Supreme court. It is also rumored the 7th circuit has let it be known the ditrict courts should wait until Booker is decided so no more appeals end up in the 7th circuit that are then reversed and remanded.

Posted by: Tim Horning | Nov 24, 2004 10:08:22 AM

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