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Blakely and Booker/Fanfan: Opinions and other information
Second Circuit
Post-Booker/Fanfan Decisions
- Savarese, 4/14/05 (reversed and remanded, robbery case where increase
for possession/brandishing of firearm not found by jury and was guideline miscalculation)
- Guzman, 2nd Cir. 4/8/05 (Booker does not apply to cases in which conviction became
final as of 1/12/05 - date Booker issued; Booker neither new substantive nor watershed rule)
- Rubenstein, 2nd Cir. 3/31/05 (remand where guideline enhancement in error
but declined to express opinion on whether incorrectly calulated guideline sentence could be reasonable)
- Milstein, 2nd Cir. 3/10/05 (addressed challenges to application of
specific guidelines because even though guidelines no longer mandatory, sent. court must still consider relevant guidelines in determining
reasonable sentence)
- Williams, 2nd Cir. 2/23/05 (6th Amend. error is mandatory use of guideline
enhancement, not fact of enhancement)
- Daidone, unpub. 2nd Cir. 2/25/05 (gov. appeal of
downward departure, remanding with guidance as to what findings to make for reasonableness review)
- Baez, S.D.N.Y. 1/19/05 (pre-Blakely/Booker 2255, sua sponte
consideration of Booker, mandatory minimum sentence exceeded guideline
sentence)
- Crosby, 2nd Cir. 2/2/05 (attempt to provide guidance to dist. cts.
re: reasonableness review - possibly abuse of discretion; both guideline range and 3553(a) need be considered; possibly
limited remands)
- Warren, D. Conn. 1/25/05 (2255, denied based on Apprendi,
procedural rule and not retroactive)
- Fleming, 2nd Cir. 2/2/05 (reasonableness standard of review
applies to rev. of sup. release, discusses "consideration" of recommended range)
- West, S.D.N.Y. 1/27/05 (guidelines only one factor but still
sentenced to stat. max and mid-guideline range)
- Green, 2nd Cir. 2/2/05 (denying application to file second 2255,
neither Blakely nor Booker apply retroactively)
- Olivares, S.D.N.Y. 2/1/05 (denied motion to file tardy notice
of appeal where def. received mandatory minimum and could not show good cause/excusable neglect)
- Ochoa-Suarez, S.D.N.Y. 2/7/05 (court would not apply
3B1.1 without jury finding)
- Konstantakakos, unpub. 2nd Cir. 2/11/05 (remanded
sentence lead def. who raised Blakely, affm. co-def. who neither raised 6th Amend. nor joined in)
- Sharpley, 2nd Cir. 2/16/05 (harmless error, suspect that
Supreme Court's failure to excise 3553(b) with regard to sex offenses an oversight)
- Mitchell, unpub. 2nd Cir. 2/18/05 (rejected effort to import
Blakely/Booker into recalculation of sentence under 3582(c)(2), really just a collateral attack)
Post-Blakely, Pre-Booker/Fanfan Decisions
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