Of note (on notice and fast-track) from the defender blogs

As I have mentioned before, Booker fanatics what to make a habit of checking out the collection of federal public defender blogs assembled at this link.  Two recent items at two of these blogs seem especially noteworthy:

1.  The Second Circuit Blog here notes a recent letter filed in a First Circuit case in which “the Government adopts the position — directly contrary to its earlier view — that Fed. R. Crim. P. 32 requires prior notice to the parties if a court intends to exceed the Guidelines range at sentencing, whether via a traditional departure or via a consideration of the § 3553(a) factors pursuant to Booker.”

2.  The Fourth Circuit Blog here discusses “early disposition or ‘fast-track’ programs in which the government agrees to a reduced sentence in exchange for a quick plea and a pledge not to contest deportation” and notes that the Fourth Circuit will soon consider the reasonableness of some district court decisions to “ameliorate the sentencing disparities caused by these fast-track programs pursuant to their authority under 18 U.S.C. Sec. 3553(a).”  The blog post also provides a link to this interesting brief filed in the Fourth Circuit defending a district court’s decision to consider fast-track disparity at sentencing.