Notable cert news from SCOTUS

SCOTUSblog has the news and links on today’s cert grants and denials resulting from last week’s conference among the Justices.  Here’s Lyle Denniston’s report on the one criminal law grant:

The Court also agreed to decide when a gun is “used” during a drug crime, leading to a mandatory five-year sentence.  The specific issue in Watson v. U.S. (06-571) is whether a gun is “used” if an individual trades illegal drugs for a gun.  The Circuit Courts are split deeply on the issue.  The appeal by a Louisiana man, Michael A. Watson, relies primarily upon a 1995 Supreme Court ruling, Bailey v. U.S.

Perhaps as notable for sentencing fans is news that cert was denied in the Berger case (recently discussed here).  Here is Lyle’s report on this cert denied:

[T]he Court on Monday refused to hear [w]hether it is unconstitutional to impose a criminal sentence that runs for decades — 200 years, in this instance — because each count is sentenced separately and each sentence must be served consecutively.  The case of Berger v. Arizona (06-349) involved a 200-year sentence based on 20 counts of possessing child pornography.

Of course, this completion of direct review is not the end of the road for the Berger case.  I assume that a cert petition will soon be filed in federal court, and I believe there is some notable Ninth Circuit precedents that should perhaps give Morton Berger some hope on habeas.  Indeed, I would put the odds at 50/50 on whether Berger gets habeas relief of some sort; if he does (or even if he doesn’t) the Supreme Court will likely eventually get another bite at this particular sentencing apple.