Post-Booker/Fanfan Orders

• United States v. Lata, __ F.3d __, 2005 WL 1491483 (1st Cir. June 24, 2005)
  
  
• Cirilo-Munoz, 1st Cir. 4/15/05 (2255, in dicta stating that unlikely Supreme Court will hold Booker retroactive)
  
  
• Cacho-Bonilla, 1st Cir. 4/14/05 (no reasonable probability that def. would have recieved lower sentence, one downward departure ground rejected, other taken into account in giving low end)
  
  
• Schneiderhan, 1st Cir. 4/13/05 (error did not affect def's substantial rights where sentence at low end and court denied downward departure; could not raise issue not raised at sentencing)
  
  
• Morin, 1st Cir. 4/6/05 ( rev. and remanded where court said it would have departed if it could in career offender case)
  
  
• Carpenter, 1st Cir. 3/29/05 (def. could not establish prejudice where dist. ct. gave max, said def. a danger to society and even if had discretion would have been same sentence)
  
  
• Flemmi, 1st Cir. 3/25/05 (Booker not consiedered where def. made no such argument in district or circuit courts)
  
  
• Heldeman, 1st Cir. 3/29/05 (no overly demanding proof of preserved Booker claim, remand where downward departure motion made and denied under mandatory system)
  
  
• Antonakopoulos, 1st Cir. 2/22/05 (Booker error to sentence under mandatory guidelines, but statutory mandatory minimum based on facts found by jury - no Booker error)
  
  
• Serrano-Beauvaix, 1st Cir. 3/4/05 (by pleading guilty def. waived claim that jury, not judge must find facts that increase sentencing range)
  
  
• Sahlin, 1st Cir. 2/22/05 (Booker provides no basis for a defendant to withdraw plea on basis that plea involuntary)
  
  
• D.N.H. 2/1/05 Order (any request for variance from Guidelines must be in writing and filed four days prior to sentencing)
  
  

Post-Booker/Fanfan Decisions

• Stevens, D.Me. 1/18/05 (2255, magistrate recommends that Booker not apply retroactively, claim not raised on direct appeal)
  
  
• Hamlin, D.Me. 1/19/05 (magistrate recommends that second 2255 be denied since Supreme Court not make Booker retroactive)
  
  
• Gerrish, D. Me. 1/25/05 (2255, denial of cert. of appealability because Booker and Blakely not retroactive)
  
  
• Cormier, D. Me. 1/28/05 (grant of motion to strike surplusage from indictment)
  
  
• Ziskind, D.Mass. 1/25/05 (denial of mot. to stay execution of sentence, sentence imposed under mandatory guidelines in all likelihood same under advisory scheme)
  
  
• Revock, D. Me. 1/28/05 (enhancements only by preponderance, but to avoid sent. disparity gave same sentence as co-def. who had been sent. pre-Booker)
  
  
• Ribeiro, 1st Cir. 2/8/05 (no Booker issues on appeal, def. sentenced under mandatory guidelines had received downward departure for diminished capacity)
  
  
• Franco, D.P.R. 1/28/05 (denied bail pending appeal, plain error Booker std . but no close question of fact or law)
  
  
• Suveges, D.Me. 1/28/05 (2255, denying claim that attorney was ineffective for not raising 6th Amend. claim)
  
  
• Davis, D.Me. 1/19/05 (Acknowledges that courts are not bound by the guidelines advisory, but must take them into account when sentencing.)
  
  
• Beal, D.Me. 1/19/05 (Without clearly identifying the defendant's burden, could found that she had not met her burden to demonstrate entitlement to a downward departure based on coercion or duress.)
  
  

Post-Blakely, Pre-Booker/Fanfan Decisions

• Mueffleman, D. Mass
  
  
• Fanfan, D. Maine
  
  
• Green, D. Mass (opinion by Judge Young, 6/18/04, before Blakely decision)