A fascinating 3d Circuit rumor
As detailed in posts here and here and here and here, the Third Circuit has apparently decided to handle Booker pipeline cases simply through remands for resentencing that explain that the Court believes Booker issues are “best determined by the District Court in the first instance.” I have now heard a rumor that the Third Circuit’s general practice of remanding all sentences after Booker was developed after the Circuit judges polled the district judges on what to do, and the district judges virtually unanimously requested that they get all of their pipeline sentences back for redetermination. If this rumor is true, it provides a fascinating example of what might be called inter-court comity, as well as another instance of how the Blakely/Booker fall-out has produced some unusual circuit court decision-making procedures (the Second Circuit’s quasi en banc work in Crosby, as noted here, provides another such example).