Criminal law geeks around the country are wondering whether tomorrow morning the U.S. Supreme Court will release its opinion in United States v. Booker and United States v. Fanfan, the cases that consider how last year’s blockbuster opinion in Blakely v. Washington applies to the U.S. Sentencing Guidelines. I haven’t blogged on Blakely issues because I have an unusual perspective on the case; I was clerking for Justice Kennedy when Blakely was decided. When Booker/Fanfan is handed down, however, I plan to give it a read and post my thoughts on the new decision together with some broader thoughts about the Apprendi/Blakely movement, where it came from, and where it might be going. I have no idea whether that day will be tomorrow or later, but if it’s tomorrow I’ll try to post something by early afternoon.
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