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The Fox Guarding the Chicken Coop

By Tom Lincoln

I apologize that I have been away from the blog, but every once in a while we do have such things called trials to attend to, and I had just started one --briefly interrupted by the Supreme Court's decision in US v. Booker & Fanfan-- and, given the amount of coverage Booker was receiving elsewhere, I thought it best to not attempt to be the Judge Paul G. Cassell* of the blogs by being the first to post on Booker. [*Judge Cassell gave us Croxford immediately after Blakely and has now given us US v. Wilson, No. 03-CR-00882 PGC (D.Utah, January 13, 2005) the day after Booker & Fanfan.] What the Court gave in Booker with one hand (bringing the guidelines within the reach of the Sixth Amendment's jury trial guarantee), it took away with the other (holding that the guidelines would no longer be mandatory and, thus, outside the reach of Apprendi and the Sixth Amendment's jury trial guarantee)...continue to full post

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on January 17, 2005 (boomark / email).