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Blakely and Booker/Fanfan: Opinions and other information
Ninth Circuit
Post-Booker/Fanfan Decisions
- Siegelbaum, D. Or. 1/24/05 (2255, discussing retroactivity but
decided def. got benefit of his bargain)
- Ameline, 9th Cir. 2/9/05 (attempt to provide guidance to dist.
cts., guidelines only one of many factors)
- Stewart, unpub. 9th Cir. 2/7/05 (vacated and remanded upward
departure for 5K2.14, endanger to public welfare, explained how court misapplied 5K2.14)
- Reynolds, unpub. 9th Cir. 2/7/05 (remanded in light of
Booker)
- McCoun, unpub. 9th Cir. 2/7/05 (remanded for resentencing, no
discussion)
- Seibert, unpub. 9th Cir. 2/7/05 (remanded, noting that if court
wishes to resentence in light of Booker can vacate sentence and resentence)
- Morales, unpub. 9th Cir. 2/18/05 (denying motion for release
pending appeal as moot since sentence vacated and remanded for resentencing)
- Alarid, unpub. 9th Cir. 2/17/05 (plain error review, waiver of
appeal not enforceable, remand for resentencing)
- Moreno-Hernandez, 9th Cir. 2/18/05 (illegal reentry 16 level
increase under mandatory guidelines, now advisory so remand for
re-sentencing)
- Cadez, unpub. 9th Cir. 2/18/05 (Anders brief, vacating sentence and
remanding in light of "brevity" of 37 month sentence in fraud case)
- Ewalt, unpub. 9th Cir. 2/18/05 (Anders brief, affirming conviction,
vacating and remanding in light of Booker)
Post-Blakely, Pre-Booker/Fanfan Decisions
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