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Blakely and Booker/Fanfan: Opinions and other information
Fourth Circuit
Post-Booker/Fanfan Decisions
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Johnson, 4th Cir. 3/4/05 (remand, Hughes holds sentencing plain error under mandatory scheme)
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Collins, 4th Cir. 3/2/05 (Booker mandate was either decide if sentence under old regime reasonable or remand and direct resentencing in accord
with Booker, 4th Cir. in Hughes chose second option)
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Collins, 4th Cir. 3/2/05 (remanded for resentencing where jury found def. guilty of less drugs than judge sentenced him on)
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Groce, 4th Cir. 2/28/05 (remanded as to whether facts supported "brandishing" firearm, although rejected Harris claim that
issue had to be made by jury)
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Harrower, 4th Cir. unpub. 1/31/05 (remanded where Blakely issue preserved)
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Johnson, E.D.Va. 1/21/05 (2255, Blakely and Booker not retroactive)
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Doane, unpub. 4th Cir. 2/11/05 (granting motion for exped. remand where court announced alternative sentence shorter than time def. already
served)
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Washington, 4th Cir. 2/11/05 (vacated and remanded sentence which included 3C1.1 increase not found by jury, plain error)
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Biheiri, E.D. Va. 2/9/05 (recognizing debate between Wilson and Ranum approaches, does not take sides, def. had waived jury determination
of Booker issues)
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Mullins, W.D.Va. 2/16/05 (sentence below advisory range, no deterrence at guideline range when assault weapon ban expired)
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Hughes, 4th Cir. 1/24/05 (Remanded for resentencing - plain error to sentence defendant under mandatory
guidelines.)
Post-Blakely, Pre-Booker/Fanfan Decisions
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