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January 19, 2005

The 2d Circuit prepares to decide

It took only a week to get some (wonderfully distinct) district court perspectives on Booker (details here and here), and now I am eagerly anticipating some circuit court action before long.  Recall that we got Booker from the Seventh Circuit just over two weeks after Blakely, and within 4 weeks of Blakely we had a five-way circuit split.  And Blakely was a state case!

Whetting our appetite, today I received an interesting order from the Second Circuit, which is available for downloading below.  The order is just procedural, telling all the lawyers in the 200+ pending cases not to file supplemental papers (as had been previously ordered) in order to avoid "an unnecessary burden on counsel for the defendants and the Government."  But the order also has this exciting teaser:

It is anticipated that a panel of this Court will expeditiously issue an opinion adjudicating the merits of a sentencing appeal in light of Booker and Fanfan.

Download second_circuit_in_re_special_order_of_stay.pdf

January 19, 2005 at 05:45 PM | Permalink


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Wow, how do they decide who gets to write _that_ opinion.
(Imagining a conference call... Chief Judge says "I'm thinking of a number between 1 and 50, whoever is closest and is sitting on a panel with a criminal law case gets to take the first crack at it (unless you're from Connecticut)").

Posted by: District Clerk Battling Blakely (Booker) | Jan 19, 2005 6:02:58 PM

I though "the pick a number between 1 and 50" approach was one part of the Breyer Booker remedy opinion, no?

Half serious, though, I would not be surprised if some volunteered not to write the opinion. ;-)

Posted by: Doug B, | Jan 19, 2005 8:30:17 PM

Because I'm handling a Booker appeal that is being fast-tracked (argued today, letter brief due by noon tomorrow), I'm going to put my money on Leval, Straub or Katzmann, the members of the panel who are handling it.

Posted by: Alex E. | Jan 19, 2005 9:22:53 PM

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