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November 30, 2004

Is today the day for Booker and Fanfan?

With the Supreme Court having indicated that an opinion is to be issued today, I am hopeful that later this morning the Godot-like wait for Booker and Fanfan will end.  As discussed before here, much in the sentencing world (both federal and state) has been put on hold awaiting further Blakely guidance, and thus a decision cannot come too soon.

Interestingly, this article from the Pittsburgh Post-Gazzette indicates that the decision is "expected this week -- maybe as soon as today."  The article also notes that "most of the 10 judges on the federal bench [in Pittsburgh] have been taking a wait-and-see approach on the issue ever since the June 24 Supreme Court decision in Blakely v. Washington."  And the article closes by detailing that, while waiting for more guidance, the federal judges in Pittsburgh have rendered disparate rulings about the federal guidelines constitutionality.

UPDATE: Marty Lederman at the SCOTUS Blog confirms here that the Supreme Court will issue at least one opinion today, but none more this week.

November 30, 2004 at 01:44 AM | Permalink


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