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Blakely and Booker/Fanfan: Ninth Circuit Briefs
- Motion to reverse district court's denial of
motion to vacate his sentence and remand with instruction that district court resentence in accordance with Booker.
- Brief arguing reversal of district court denial of defendant's motion to
vacate sentence and remand because Booker applies retroactively.
- Petition for Cert. to the 9th Circuit because defendant sentenced at
low end and copious evidence of defendant's atypical post-offense rehabilitation.
- Memorandum to circulate a letter brief put
together on the requirement that reasonable doubt standard apply when, post-Booker, contested facts are alleged that
would increase the advisory guideline range.
- Memorandum of Points & Authorities (9th Circuit, C.D. CA) advising
district court of intent and right to plead guilty only to statutory elements of offense, leaving out enhancements
alleged in indictment. Challenges Ameline's view that enhancements can be proven to a sentencing jury, arguing
that neither Congress or the Sentencing Commission would have approved delegation to a jury of findings regarding
specific offense characteristics, adjustments or cross-references; these provisions would not have been enacted had
Congress or the Commission known they would be sent to a jury, and severed from the finding of a base offense level.
(August 10, 2004)
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