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First Circuit Quietly Enters a Booker Remand in Antonakopoulos

By Tom Lincoln

In United States v. Antonakopoulos, No. 03-1384, 2005 WL 407365, at *4 (1st Cir. Feb. 22, 2005), the First Circuit, after rejecting all of the Blakely/Booker claims actually raised by defendant on direct appeal, stated as follows:    There is another type of Booker argument available but which Antonakopoulos has not made: that there is a reasonable probability that the district court, freed of mandatory guidelines, would have given him a lower sentence. Because this case establishes the standard for such a claim, we think it fairer to give Antonakopoulos and his counsel time to consider whether he wishes to advance the argument. If so, the prosecution must have a chance to respond.    At sentencing the defendant sought a downward departure based in part on the fact that his son was brain damaged and he had been his son's caretaker...continue to full post

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on March 22, 2005 (boomark / email).