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Second Circuit Issues Administrative and Procedural Measures for Dealing with Blakely Pending Decison in Booker/Fanfan

By Tom Lincoln

The U.S. Court of Appeals for the Second Circuit announced today a set of procedural and administrative measures that the court is adopting pending the Supreme Court?s decision in United States v. Booker, No. 04-104, and United States v. Fanfan, No. 04-105 (to be argued October 4, 2004). These measures are as follows: (1) The court generally will hold mandates in all criminal cases pending the Supreme Court?s decision in Booker/Fanfan. A panel may order that a mandate issue, however, in cases in which (a) the defendant was sentenced to no more than the applicable statutory minimum and (b) the facts that justified application of the statutory minimum were either admitted by the defendant or found by a jury beyond a reasonable doubt...continue to full post

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on August 06, 2004 (boomark / email).