Fanfan to be resentenced today
I have heard from a helpful reader that Ducan Fanfan — who, in a future “law nerd” version of Trivial Pursuit, will be the answer to the question “What was the name of the defendant in the companion case to US v. Booker?” — is scheduled to be resentenced today.
Recall that Freddie Booker was a post-Booker loser because Wisconsin US District Judge Shabaz exercised his discretion to impose the same enhanced sentence upon resentencing that Booker initially received (details here). But such a repeat resentencing result would be a win for Fanfan since, as detailed here, he originally received a 78-month sentence (rather than a sentence within the guidelines range of 188-235 months) because US District Judge Brock Hornby, sentencing Fanfan four days after Blakely was handed down, refused to consider facts beyond those established at Fanfan’s trial.
I will, of course, share details about Ducan Fanfan’s resentencing when I know more.