Predicting the unpredictable

Despite my prior false predictions of the coming of Booker and Fanfan, there is now some historical precedent for thinking the decision is imminent.  The last major challenge to the federal guidelines’ constitutionality in Mistretta v. US was argued on October 5, 1988 and decided January 18, 1989.  So, even if we do not get Booker and Fanfan today or tomorrow, history suggests the decision should be coming soon.

Rather than make bold predictions, I will simply note that, in addition to Booker and Fanfan, it is possible we will see this week opinions in Roper v. Simmons, the juvenile death penalty case, and in Shepard v. US, the criminal history case.  Then again, it is also possible we are due for more waiting.

While we wait, here is a list of a few recent “gearing up” posts:

• Is it finally the big week?
• Is it finally Booker/Fanfan eve?
• Here we go again
• Gearing up for Booker and Fanfan
• Booker and Fanfan pre-reading guide

Additonal posts of note and other background materials on Blakely and Booker and Fanfan can also be found on my Blakely Basics page.  And a wealth of additional information can be accessed through the various Booker/Fanfan and Blakely page links in the right side-bar.