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November 24, 2004

Less than a week to wait for Booker and Fanfan?

I have on very good authority that the Supreme Court will be issuing at least one opinion on Tuesday, November 30.  Thus, it is highly possible that we are less than a week away from a decision in Booker and Fanfan.

Of course, as detailed here, I sounded a false alarm when I speculated that Booker and Fanfan might be coming down earlier this month.  But, with many folks continuing to report to me that so much in the federal sentencing world has been put on hold (responding to posts here and here), I really hope we will be seeing Booker and Fanfan on November 30.  The suspense is becoming a bit too much to bear, and the federal criminal justice system needs to start moving forward.

Notably, as detailed here by Michael Ausbrook at INCourts, we have already hit a big Blakely milestone before seeing Booker and Fanfan.  Today marks the five-month annivesary of the Blakely ruling, and we now have over 1000 on-line decisions mentioning the decision!!  This has to be some sort of record, which in turn provides another testament to the scope and impact of our modern bloated criminal justice system (as highlighted here and here and here).

November 24, 2004 at 11:39 AM | Permalink


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