|
Blakely and Booker/Fanfan: Opinions and other information
Eighth Circuit
Post-Booker/Fanfan Decisions
- Mullins, 8th Cir. 3/3/05 (def. not entitled to resentencing since sentence
based on mandatory minimum)
- Marcussen, 8th Cir. 4/11/05 (6th Amend. doesn't require proof of prior beyond reas. doubt in career off. case; sent. error
harmless - if had discretion, same sentence)
- Mooney, 8th Cir. 3/28/05 (remanded for court to determine whether def.
had preserved issue of gain or whether raised const. issue)
- Lea, 8th Cir. 3/24/05 (appeal allowed where plea agreement permitted
appeal of issues not listed or addressed, constitutionality of guidlines not listed/addressed)
- Thompson, 8th Cir. 4/6/05 (sentencing def. under mandatory scheme harmless where
court sentenced def. to mid-range and insulated sentence by announcing same alternate sentence)
- Haidley, 8th Cir. 3/16/05 (even though def. sentenced at low end of range, not
harmless under mandatory scheme, def. pointed to 3553(a) factors)
- Sayre, 8th Cir. 3/9/05 (upward departure for obstruction, but affirmed
since def.'s substantial rights not affected)
- Adams, 8th Cir. 3/22/05 (not unreasonable sentence when court sentenced at high end
after upward departure for under-representation of criminal history)
- Rojas-Coria, 8th Cir. 3/17/05 (Booker has no impact where def. sentenced
to mandatory minimum)
- Bach, 8th Cir. 3/14/05 (mandatory minimum enhanced on basis of prior conviction affirmed -
still less than max under unenhanced offense)
- Rogers, 8th Cir. 3/16/05 (reversed probation sentence where range 51-63 months, rehab.
not extraordinary, would not deter def., court did not consider unwarranted sentencing disparity)
- Little Dog, 8th Cir. 2/22/05 (denied motion for suppl. briefing where court had
considered and rejected possibility of upward and downward departure)
- Selwyn, 8th Cir. 2/23/05 (reversed and remanded meth sentence where jury made no
finding as to drug amount, obj. to drug amount preserved 6th Amend. issue)
- Vanhorn, 8th Cir. 3/1/05 (Booker and guidelines do not apply to post-judgment
proceedings like motion to modify restitution)
- Thomas, 8th Cir. 2/23/05 (rejecting
claim that prior conviction exception in Apprendi did not survive Booker)
- Cerna-Salguero, 8th Cir. 3/305 (rejecting increase in statutory penalty
based on prior conviction - Booker did not overrule Almendarez-Torres)
- Edwards, 8th Cir. 3/7/05 (Anders case, no error in supervised release sentence since
guidelines already advisory and given violations and criminal history not unreasonable)
- Cotton, 8th Cir. 3/8/05 (supervised release appeal, same review standard used as
new standard now applicable for reasonableness)
- Sdoulam, 8th Cir. 2/2/05 (reversed and remanded where def. had objected to
drug amount and obstruction increase)
- Cole, 8th Cir. 1/27/05 (affirmed, no
Booker-implicated claims)
- Coffey, 8th Cir. 1/21/05 (remanded, def. below claimed
insuff. evidence to calculate drug amount)
- Burgess, 8th Cir. unpub. 1/24/05 (remanded, supp. brief
raised Blakely claim)
- Parsons, 8th Cir. 1/28/05 (plea not invalid where def.
sentenced at low end of sentencing range and only sentenced on amount of loss admitted at plea)
- Myers, S.D. Iowa 1/26/05 (sentenced def. to 3 mo. prob. when
guideline range 20-30, non-guideline sentence not presumptively unreasonable)
- Huerta-Rodriguez, D. Neb. 2/1/05 (def. cannot
waive standard of proof so if gov. relies on facts to increase sentence - 5th and 6th Amend. will apply)
- Cramer, 8th Cir. 2/3/05 (declined to consider Booker claim
when first raised in 28(j) letter, no supp. briefing sought, reviewed sentence for unreasonableness/3553(a))
- Yahnke, 8th Cir. 2/1/05 (sua sponte upward departure for
underrepresented criminal history reviewed for reasonableness, no abuse of discretion)
- Wanning, D. Neb. 2/3/05 (explaining why court agrees with
Wilson I, 2005 WL 78552, and disagrees with Myers, 2005 WL 165314)
- Vieth, 8th Cir. 2/8/05 (def. not entitled to resentencing when
sentenced based on mandatory minimum)
- Killgo, 8th Cir. 2/9/05 (waived appeal rights, would not consider
Blakely/Booker claim)
- Nolan, 8th Cir. 2/11/05 (rejected Booker claim, def. sentenced
pursuant to statute, fact of prior conviction for court not jury to decide)
- Kelley, D.Neb. 2/1/05 (2B5.1 counterfeiting, sentenced def. to
less than "advisory" range, rejected enhancements)
- Peach, N.D.D. 2/15/05 (after considering some opinions and
recent Chairman of Sent. Comm.'s testimony in Congress, will give consideration to guidelines)
- Fellers, 8th Cir. 2/15/05 (remanded for resentencing
where jury rejected drug amount and def. raised at sentencing)
- Lussier, 8th Cir. 2/17/05
(held, denial of reduction for poss. of gun for sporting purposes under 2K2.1(b)(2) not unreasonable)
- Dose, N.D. Iowa 1/12/05(Magistrate judge recommends that motion to strike surplusage from indictment be granted.)
Post-Blakely, Pre-Booker/Fanfan Decisions
|
|