Post-Booker/Fanfan Decisions

• Garcia, 1th Cir. 4/13/05 (remand where jury found no more than 100 marijuana plants and sentenced for 312 plants; gov. didn't argue that plain or harmless error should apply)
  
  
• Dowling, 11th Cir. 3/23/05 (def. statement in PSR comments re: jury special verdict as to drug amount did not preserve 6th Amend. claim; def. sentenced to stat. max. which was below advisory range)
  
  
• Frye, 11th Cir. 3/11/05 (appeal waiver includes right to waive appeal on difficult issues and even blatant error)
  
  
• Paz, 11th Cir. 4/5/05 (not harmless error where court stated would have sentenced def. to 6 instead of 10 months if guidelines found unconstitutional)
  
  
• Byrd, 11th Cir. 3/25/05 (Booker not considered where def. raised no such claim)
  
  
• Orduno-Mireles, 11th Cir. 4/6/05 (nothing in record indicates court would have imposed lower sentence if could have, 16 level crime of violence increase in illegal-reentry case)
  
  
• Camacho-Ibarquen, 11th Cir. 3/30/05 (no 6th Amend. error in illegal re-entry case where plea established only agg. felony)
  
  
• Shelton, 11th Cir. 2/25/05 (no error as to drug amount admitted, but plain error under mandatory scheme given def. established reasonable probability of different outcome)
  
  
• Duncan, 11th Cir. 2/24/05 (discussing acquitted conduct, Booker does not prohibit consideration as long as sentence doesn't exceed what authorized by jury)
  
  
• Dockery, 11th Cir. 3/3/05 (following GVR from Supreme Court, declined to consider Booker where def. did not raise before court on appeal)
  
  
• Varela, 6th Cir. 2/25/05 (granted certificate of appealability but noted that Summerlin "essentially dispositive" on retroactivity of Blakely/Booker)
  
  
• Lobovitz, 11th Cir. 3/4/05 (noting since neither party ever raised Booker issue, court would not either)
  
  
• In re Anderson, 11th Cir. 1/21/05 (denying application to file second 2255 because Supreme Court not make Booker retroactive)
  
  
• Frye, 11th Cir. 2/10/05 (no 6th Amend. viol. where def. admitted suff. facts at plea for organizer 3B1.1 and 2D1.1(b)(5)(B) risk to life enhancements)
  
  
• Grinard-Henry, 11th Cir. 2/11/05 (denying motion for reconsideration of dismissal of appeal, Apprendi/Blakely/Booker claims not outside waiver of appeal)
  
  
• Varela, 11th Cir. 2/17/05 (2255, joins 7th Cir. in McReynolds that Supreme Courtīs Summerlin holding dispositive that Booker not retroactive)
  

Post-Blakely, Pre-Booker/Fanfan Decisions

• In re Dean, Court of Appeals
  
• Spero, Court of Appeals