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Are federal prisons gearing up for Booker and Fanfan?

December 5, 2004

I have heard a fascinating rumor that the Justice Department last week sent a long memo to those who oversee federal prisons.  As reported to me, this memo indicated that a decision in Booker and Fanfan is expected soon and it called for making preparations in prison law libraries and elsewhere for a possible major increase in the “legal workload.” 

As described to me, the memo would suggest that the executive branch is making a very appropriate effort to help deal with all the prisoners who will claim their sentence is unconstitutionally problematic after Booker and Fanfan (an issue I recently spotlighted here).  But I have not seen this memo, and thus now I am reporting this information third-hand. 

Can any readers confirm (or deny) this existence of this memo?  And if anyone has a copy of this memo, I would be grateful to receive it by e-mail or fax.  Whether this memo exists or not, I doubt I am the only one seriously gearing up for Booker and Fanfan.

UPDATE:  I have already received a few e-mails from prisoners’ family members relaying that prisoners have reported unusual lockdowns and/or meetings apparently related to Booker and Fanfan this past week.  Keep the reports coming in the comments and via e-mail.