September 22, 2004

Law - 7th Circuit appears to call a halt to sentencing until Supreme Court acts in Blakely/Booker

In a decision just issued today, USA v. Malik, Judge Easterbook concludes:

Little could be gained by resentencing Malik immediately, while legal uncertainty prevails and there is a substantial risk that whatever approach the district court adopts would be disapproved within a few months by the Supreme Court. The district court should defer resentencing Malik until after the Supreme Court has decided Booker and then proceed as appropriate in light of that decision. VACATED AND REMANDED
For more, see the earlier entry below, summarizing today's 7th Circuit decisions.

Posted by Marcia Oddi at September 22, 2004 03:18 PM