Fanfan to the Supreme Court?

This evening I had forwarded to me an e-mail that was posted on the NACDL list-serve. It suggests that the Solicitor General is thinking about appealing the case of US v. Fanfan directly to the Supreme Court. Background on Fanfan, decided on June 28, 2004 by Maine District Judge D. Brock Hornby can be found here.

Here’s the text of the e-mail from Rosemary C. Scapicchio posted on the NACDL list-serve:

I received a message from Michael R. Dreeben from the Solicitor General’s Office on Friday. They claim they are considering appealing Fanfan’s sentence directly to the Supreme Court. We did not file an appeal because we got the benefit of Blakely. That makes this case a pure sentencing issue. Dreeben is asking about cross-appeal. Claims he has spoken to the Supreme Court and has tentatively set a schedule as follows: Government to file their petition by August 2, 2004. Fanfan response due in 10 days. Government will file it’s brief by end of August. Fanfan by September. Argument the first Monday in October. I have not officially responded because I am looking for everyone’s input and I need to speak to Fanfan. Any and all suggestions welcome.