Weekend plans (help greatly appreciated)

1. Try to get an exact count of how many courts are on the record in written opinions declaring that at least portions of the federal sentencing guidelines are unconstitutional.

2. Try to get an exact count of how many courts are on the record in oral rulings from the bench declaring that at least portions of the federal sentencing guidelines are unconstitutional. (I heard a report just today that Judge Jose A. Gonzalez, Jr., from the S.D. Fla. declared the day after Blakely came down that the decision prevents a Judge from considering acquitted drug conduct. US v. Barfield, No. 03-CR-60014, (S.D. Fla. June 25, 2004). And, in the attached transcript from US v. Moran, Judge Robert Keeton of District of Mass. comes very close to such a ruling that part of the guidelines cannot be applied and he seems to indicate that Judge Tauro of his court has already so ruled.)
Download moran_transcript_7804.pdf

3. Try to find out if any judge other than Judge Cassell in Croxford has declared the entire system unconstitutional. My sense is most judges are picking “option 2” and partially applying the guidelines. (Note, Judge Cassell has issued an amended version of Croxford available here.)

4. Try to get a more definitive sense of how many states have “big” Blakely issues and also what is going on in state courts. E.g., Are sentencings being stayed? Are lawyers raising Blakely in many contexts?

5. Try to get some sleep and make nice to my family. 😉