The 2d Circuit prepares to decide
It took only a week to get some (wonderfully distinct) district court perspectives on Booker (details here and here), and now I am eagerly anticipating some circuit court action before long. Recall that we got Booker from the Seventh Circuit just over two weeks after Blakely, and within 4 weeks of Blakely we had a five-way circuit split. And Blakely was a state case!
Whetting our appetite, today I received an interesting order from the Second Circuit, which is available for downloading below. The order is just procedural, telling all the lawyers in the 200+ pending cases not to file supplemental papers (as had been previously ordered) in order to avoid “an unnecessary burden on counsel for the defendants and the Government.” But the order also has this exciting teaser:
It is anticipated that a panel of this Court will expeditiously issue an opinion adjudicating the merits of a sentencing appeal in light of Booker and Fanfan.