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Criminal Law

Puerto Rico Association of Criminal Defense Lawyers Puerto Rico Association of Criminal Defense Lawyers


By Tom Lincoln

Post Frequency: 1.2/day

Last Entry: January 21, 2011 at 18:55:44

Recent Entries: 221

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First Circuit Hears Appeals with Blakely Claims

Posted on August 02, 2004
This post appeared here today at Blakely Blog: First Circuit Hears Blakely Arguments A reader wrote in to say: The first circuit heard arguments today in two cases with Blakely implications. Spectators got the feeling that the panel was not too interested...


S.Ct. grants cert. in Booker and Fanfan

Posted on August 02, 2004
The Court has granted the two petitions filed by the Acting Solicitor General in Booker and Fanfan, as well as an expedited briefing schedule, with consolidated Oral Argument set for October 4th. See today's Order List here. The questions presented for review were not reformulated, as respondents and amici NACDL/NAFD had suggested...


Little Blakely News Today

Posted on July 30, 2004
It appears to be a quiet day - Blakely-wise - and all eyes are focused on what the Supreme Court will do (hopefully next Monday). The Court now has before it at least 4 cases from which to select (Booker, Fanfan, Pineiro, and Bijou), not to mention the certification from the 2d Circuit in Penaranda...


Blakely and Criminal History points

Posted on July 29, 2004
We have learned that at a sentencing today Judge Singal (D.Me.) granted a defendant's motion -on Blakely grounds- objecting to increases in the Criminal History Category based on §4A1.1(d) (2 points added to criminal history computation because instant offense committed while on supervised release) and §4A1...


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Government Reply Briefs filed in Booker and Fanfan

Posted on July 29, 2004
In a speedy Reply to the briefs filed by defendants in Booker and Fanfan, as well as by amici NACDL/NAFD, Acting Solicitor General Paul D. Clement rejected the contention that these were not proper vehicles to address the questions presented in the government's cert...


A New Layer of Complexity added to post-Blakely before the Supreme Court

Posted on July 29, 2004
Over at SCOTUSBlog, Lyle Dennison explains here how the defense and amici filings in Booker, Fanfan, et al. have added a new layer of complexity to the Court's dealing with the Blakely issue as regards the federal sentencing guidelines. This is a very good read and I will not try to repeat it here.


Respondents and Amici File Before the Supreme Court in Booker, Fanfan, etc.

Posted on July 28, 2004
Today we had a number of filings by respondents regarding the Government's petition for writ of certiorari to the Seventh Circuit in Booker, and the petition for certiorari before judgment to the First Circuit in Fanfan, and their respective positions as to the Government's motion for expedited briefing and argument...


Blakely Applies to USSG and they are Severable - Judge Singal (D.Me.)

Posted on July 27, 2004
As we patiently await for the Supremes, the issue of whether the federal sentencing guidelines are severable continues to wreak havoc in the lower courts with judges heading in different directions. Judge George Z. Singal (D.Me.) just joined Judge Hornby's Fanfan reasoning holding the guidelines severable, as Judge Gertner (D...


Guidelines Unconstitutional and Not Severable - Judge Nancy Gertner

Posted on July 26, 2004
In a well reasoned opinion in U.S. v. Mueffleman, et al. (D.Mass., July 26, 2004), Judge Gertner has held "that Blakely unquestionably applies to the Federal Sentencing Guidelines; and that the Guidelines are rendered unconstitutional in their entirety by that application...


Administrative Office of the U.S. Courts and Direct Deposit of CJA Payments

Posted on July 25, 2004
It is my understanding that the CJA Payment system at the Administrative Office of the United States Courts has built-in capability for payments via direct deposit to CJA panel attorneys. This would matter little if it were not for the fact that for over two years now it has taken each and every check made out to me at least 10 days (from the date on the postmark) to reach me at the General U...


Welcome!

Posted on July 24, 2004
To all PRACDL members and all who are interested in the criminal law, we hope you visit often for good insights from a group of criminal defense lawyers here in San Juan, Puerto Rico. There will be a number of PRACDL members who have been invited to post their views, questions, and anything they feel may be of interest to us all...


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