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Timing Booker/Fanfan and the Result - all from 2 questions posed by one Justice at oral argument in two other consolidated cases!

By Tom Lincoln

Two posts at SCOTUS Blog raise questions about when the opinions in Booker and Fanfan will be released. In one, Marty Lederman suggests here that a footnote the petitioners' brief in the consolidated cases of Whitfield v. United States and Hall v. United States urging that "[h]owever this Court rules on the question presented specifically by this case [namely, whether commission of an overt act is an element of the crime of conspiracy to commit money laundering under 18 U.S.C. 1956(h)], we ask that this Court dispose of this case consistent with its decisions in United States v. Booker, No. 04-104 (cert. granted Aug. 2, 2004), and United States v. Fanfan, No. 04-105 (cert. granted Aug. 2, 2004)[;]" combined with questions at oral argument yesterday by Justice Ginsburg, who twice asked whether the Court should "hold" the case pending its decision in the Sentencing Guidelines cases, appears "to be a very strange question to be asking if she were expecting the Court to issue its Booker/Fanfan decision in the next two weeks, i...continue to full post

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on December 01, 2004 (boomark / email).