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Government Reply Briefs filed in Booker and Fanfan

By Tom Lincoln

In a speedy Reply to the briefs filed by defendants in Booker and Fanfan, as well as by amici NACDL/NAFD, Acting Solicitor General Paul D. Clement rejected the contention that these were not proper vehicles to address the questions presented in the government's cert. petitions, as well as the suggestion that the Court should revise the questions presented. Moreover, to the idea that the briefing schedule should not be expedited, the reply brief states that "There is no issue in the federal courts today that more urgently requires this Court?s immediate attention." Reply Br. 2. A copy of the Government's Reply Brief is available at USSGuide here or at Sentencing Law and Policy here. reply brief may be obtained here. It is likely that next Monday the Court may reach a decision on whether it grants cert in these cases and, if so, will most likely set an expedited briefing schedule.continue to full post

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on July 29, 2004 (boomark / email).