Gauging the impact of delay and uncertainty

I am trying not to be grumpy about having to continue to wait for a ruling in Booker and Fanfan.  After all, the Supreme Court is obviously hard at work, as evidenced by the big arguments yesterday in Ashcroft v. Raich, the medical marijuana/federalism case (lots of details here and here), and also by the (civil law) opinion issued today with five Justices writing.

Nevertheless, I might have a hard time avoiding grumpiness if I was a judge, lawyer or defendant trying to move forward with my docket or my life at this time of great sentencing uncertainty.  The issues in Booker and Fanfan have been in stark relief for nearly five months since Judge Cassell in Croxford and Judge Goodwin in Shambin set out the Blakely basics for federal sentencing.  And many federal circuits weighed in with major opinions within weeks of Blakely (e.g., the 7th Circuit heard argument and ruled in Booker only two weeks after Blakely, the 2d Circuit issued its in banc certification ruling only a few days later, and four other circuits had at least partially weighed on Blakely before the end of July).

Of course, getting Booker/Fanfan and federal sentencing done right is much more important than getting it done fast (which is a useful lesson for Congress when it considers responses to Booker and Fanfan).  Thus, the Court should take whatever time it needs to issue a great opinion.  But, with so many federal cases likely on hold and now backed up awaiting Booker and Fanfan (as noted here and here), not to mention all the states also looking for more Blakely guidance ASAP, I suspect that the continued delay is having a profound impact on the administration of criminal justice throughout the country. 

I am hopeful that the US Sentencing Commission might soon release the data it has about post-Blakely case processing, which could provide a clearer picture of where matters stand while we all wait.  But in the meantime, perhaps readers might use the comments to report on the impact of the continued delay and uncertainty.