Blakely and Booker/Fanfan: Fourth Circuit Briefs 

  • Sentencing Memo (arguing for sentence below advisory sentencing guideline range in part because of lack of Fast Track procedure in district in illegal re-entry cases) Date: June 2005

  • Downward departure motion based on crack/powder cocaine 100/1 ratio, relying on Nov. 2004 Sentencing Commission analysis of 15 years of Guideline sentencing and opinions post-Booker that discuss this issue. Date: March 29, 2005

  • Petition for Rehearing, 4th Cir. 4/11/05 (requesting reconsideration of legality of alternate sentence imposed by court along with guideline sentence pre-Booker)

  • Post-Booker sentencing memorandum on the crack/powder cocaine disparity.

  • Brief 4th Cir. 2/14/05 (sentence pursuant to mandatory Guidelines should be vacated despite waiver of appeal)

  • Post-Booker sentencing memorandum requesting statutory sentence lower than advisory guideline range based on 3553(a) factors.