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Blakely and Booker/Fanfan: Opinions and other information
Seventh Circuit
Post-Booker/Fanfan Decisions
- Macedo, 7th Cir. 4/14/05 (remand, Booker errors on drug amounts and
obstruction increases not found by jury; in dicta, discussing difference between 3rd and 4th prongs of plain error standard)
- Della Rosa, 7th Cir. 4/8/05 (remand for district court to determine if
would give different sentence under now advisory guidelines, even where sentenced at high end)
- Spano, 7th Cir. 3/24/05 (remand for district court to determine if would
give different sentence under now advisory guidelines)
- Melendez, 7th Cir. 3/24/05 (remand for district court to determine if
would give different sentence under now advisory guidelines)
- Re, 7th Cir. 3/22/05 (remand for district court to determine if would give
different sentence under now advisory guidelines)
- Parra, 7th Cir. 3/29/05 (limited remand even though def. raised no Booker claim in
district or circuit courts)
- Mykytiuk, 7th Cir. 4/1/05 (limited remand under plain error std. on
increase for subst. risk to human life from meth lab fire even though def. withdrew objection)
- Henningsen, 7th Cir. 3/29/05 (denying motion for stay and release pending appeal, def.
could not show limited remand pursuant to US v. Paladino, 7th Cir. 2/25/05, likely to result in lower sentence)
- Tedder, 7th Cir. 4/6/05 (Apprendi/Booker do not apply to forfeiture since no statutory
max for forfeitures)
- George, 7th Cir. 4/4/05 (review standard similar to reasonableness std. applicable to
sup. release, below advisory range here not unreasonable, restitution civil remedy not penal so no 6th Amend. issue)
- Paladino, 7th Cir. 2/25/05 (rejecting claim that court could not find
facts as to prior convictions in light of Harris)
- Lee, 7th Cir. 2/25/05 (no error where def. sentenced to statutory max which was
below guideline range)
- Schlifer, 7th Cir. 4/7/05 (sentenced as career
offender under mandatory guidelines, vacated and remanded since gov. could not show harmless error)
- Brown, 7th Cir. unpub. 1/14/05 (Anders brief,
no Blakely challenge for priors)
- Galvez-Barrios, E.D. Wis. 2/2/05 (illegal reentry case,
sentenced to less than advisory range in part because of history of 2L1.2 and disparity)
- Nellum, N.D. Ind. 2/3/05 (sentence less than "advisory" range,
considered a number of previously-discouraged factors)
- McClinton, W.D. Wis. 2/8/05 (2255, untimely since 7 years
since conviction, Booker not retroactive)
- Ceja, N.D.Ill. 2/7/05 (2255, Blakely and Booker not retroactive)
- Vaughn, W.D. Wis. 2/11/05 (2255, untimely, 7th Cir. holds Booker
not retroactive)
- Vicario, W.D. Wis. 2/10/05 (2255, untimely, 7th Cir. holds Booker
not retroactive)
- Wood, W.D. Wis. 2/9/05 (2255, untimely, 7th Cir. holds Booker not
retroactive)
- Fuller, 7th Cir. 2/18/05 (2255, petitioner did not argue that counsel
ineffective for failing to anticipate Blakely and Booker)
- Ranum, E.D.Wisc. 1/19/05 (Disagreeing with Wilson (D. Utah, 1/13/05),
the court noted that the guidelines are just one of section 3553 sentencing factors and sentenced defendant to a year and a
day on a guidelines range of 36 to 47 months.)
Post-Blakely, Pre-Booker/Fanfan Decisions
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