Post-Booker/Fanfan Decisions

• Olopade, 3rd Cir. 4/11/05 (denial of 2nd 2255 w/o prejudice in case Supreme Court holds in future that Booker retroactive)
  
  
• Ordaz, 3rd Cir. 2/23/05 (rev. and remanded where def. had objected on Apprendi grounds to judicial fact-finding as to drug amount and prior convictions)
  
  
• Sanchez, unpub. 3rd Cir. 2/23/05 (Anders case, no Booker issue when defendant sentenced to mandatory minimum even with gov. 3553(e) motion)
  
  
• Barnes, E.D. Pa. 1/28/05 (denying w/o prejudice second 2255 because pet. had not moved for permission to file)
  
  
• Williams, E.D.Pa. 1/31/05 (2255, relying on 3rd Cir. op. that Apprendi not retroactive, finding Booker not retroactive)
  
  
• Fisher, unpub. 3rd Cir. 2/4/05 (Anders brief, Booker issue moot since concurrent sentence in another case was final, chastised appointed counsel)
  
  
• Russell, E.D. Pa. 2/3/05 (2255, def. permitted to amend but then rejected Booker claim since not retroactive)
  
  
• Brown, M.D. Pa. 2/10/05 (denied bail pending appeal, sentencing court had applied Blakely and used discretionary scheme)
  
  

Post-Blakely, Pre-Booker/Fanfan Decisions

• Leach, E.D. PA
  
  
• Harris, E.D. PA