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Blakely and Booker/Fanfan: Opinions and other information
Tenth Circuit
Post-Booker/Fanfan Decisions
- Williams, 10th Cir. 4/15/05 (plain error where ACCA sentence of 210 months
and court stated frustration with severity of sentence required to impose)
- Lang, 10th Cir. 4/12/05 (remand where 6th Amend. error after original
sentence vacated on gov. appeal for downward departure; harmless error and remand rule discussed)
- Gonzales-Huerta, 10th Cir. 4/8/05 (noting 2 Booker errors: judge-found
facts under mandatory scheme or applying in mandatory fashion to admitted or jury-found facts)
- Price, 10th Cir. 4/8/05 (Blakely/Booker announced procedural rule, not new watershed
rule)
- Moore, 10th Cir. 3/23/05 (whether prior conviction qualifies as "violent felony" legal
not fact question)
- Cano-Silva, 10th Cir. 3/28/05 (remanded where court had given minor role decrease not warranted
under facts, for redetermination under now advisory guidelines but allowing court freedom to exercise discretion)
- Bey, 10th Cir. 3/1/05 (denying motion to file second 2255 based on Booker and Blakely
since Supreme Court not make them retroactive)
- Doe, 10th Cir. 2/24/05 (remanded to reconsider
defendant's cooperation as to upward departure)
- Wilson II, D. Utah 2/2/05 (denying
motion to reconsider 1/13/05/ Wilson I, explaining why court believes Ranum (E.D. Wisc. 1/19/05) flawed)
- Duran, D. Utah 1/31/05 (rejecting gov. argument that
guidelines remain mandatory when def. sentenced pursuant to safety valve, 18 USC 3553(f))
- Barkley, N.D. Okla. 1/24/05 (will faithfully follow
guidelines but will satisfy 6th Amend requirements)
- Garcia-Castillo. unpub. 10th Cir. 2/11/05 (restitution
reviewed for plan error, rejected Booker claim, def. admitted underlying facts)
- Lynch, 10th Cir. 2/11/05 (remanded for possible resentencing on
gov. appeal where ct. granted Blakely obj., sentenced def. only on drug amount admitted at plea)
- Calderon, unpub. 10th Cir. 2/10/05 (affm. sup. release
sentence as not plainly unreasonable, Anders brief on frivolous appeal)
- Rucker, D. Utah 2/10/05 (2255, procedural default to Booker
claim)
- Wilson, D. Utah 1/13/05 (In exercise of judicial discretion, courts
should give considerable weight to the guidelines range and should depart only in unusual cases.)
Post-Blakely, Pre-Booker/Fanfan Decisions
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