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More Sixth Circuit action in Montgomery?

July 23, 2004

I have heard from a few sources that the Sixth Circuit did something today (en banc?) concerning the Montgomery decision. But I cannot yet find any tangible evidence of this. (Howard Bashman, where are you when I need you?) I am about to be off line for a meeting, but I hope readers in the know will use the comments to provide information and links to any news.

UPDATE: According to Jason Hernandez at the Blakely Blog, “the defendant and the government have joined in a Rule 42 of the Federal Rules of Appellate Procedure motion to dismiss the appeal in United States v. Tiffany Montgomery, No. 03-5256.” I assume this motion will be granted, though I know that the Sixth Circuit has asked for expedited breifing in at least one other case that presents Blakely issues more cleanly.