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Rumor from a federal prison

January 20, 2005

I was off-line most of the afternoon to attend a terrific meeting of the Ohio Sentencing Commission (in which Blakely/Booker was the topic of conversation).  The meeting was amazing for many reasons, and later tonight I will have news and notes on various state Blakely fronts. 

But, upon return to my office, I received a curious second-hand report that at least one federal prison initially “had banned all communications sent to prisoners re: Booker, and allegedly did so pursuant to a Bureau of Prisons policy.”  But then, according to the report I received, as a result of a follow-up call to the prison administrator, “the next day the prisoner received his Booker communications [and the prisoner] was told that the BOP issued a bulletin changing its position.”

This report, which perhaps should only be given rumor status, is notable in part because, as detailed here and here, in December BOP had encouraged each of its 100-plus institutions to take appropriate steps to inform prisoners about the outcome in Booker and to make the opinion and other legal materials available.  More generally, given the mixed and confusing message that Booker delivers, I am curious about both the prisoner and BOP reaction to the ruling.

Perhaps readers can use the comments to share any news on this front.