A day late and a Booker short

The Eighth Circuit wins the award for having on-line the first federal ruling discussing Blakely that I could find after Booker was handed down.  However, even though US v. Walker, 2005 WL 66272 (8th Cir. Jan. 13, 2005), is dated Thursday, Jan. 13 (the day after Booker changed the federal sentencing world on Wednesday January 12), the Eighth Circuit in a footnote in Walker says:

Walker has requested leave to file a supplemental brief on the applicability of Blakely v. Washington, 124 S.Ct. 2531 (2004), which we have denied. However, we reserve ruling on the applicability of the Blakely reasoning to this case until the Supreme Court issues its opinions in United States v. Booker and United States v. Fanfan.

Of course, the Eighth Circuit should not be criticized for this quirk of timing; the Supreme Court itself showed us quite clearly through Booker that federal justice often moves more slowly than we might hope.

On a more serious front, I am eager to see when and how lower federal courts around the country start dealing with Booker in written opinions.  I hope to be able to share and analyze these opinions as soon as they are available.