Friday, February 04, 2005

Second Circuit Issues Blanket Order Permitting Remand in All Cases in which the Mandate Was Withheld Pending Booker

Just moments ago, the Second Circuit issued a blanket order addressing all previously decided criminal cases in which the mandate had been withheld pending the Supreme Court's decision in Booker, pursuant to Chief Judge Walker's August 6, 2004, order. Please see the Circuit's website for this blanket order (

As expected in light of Crosby (see below), the Court is permitting all appellants in those cases (listed in an Appendix attached to the court's blanket order) to have their cases remanded back to the district court for a determination of whether a resentencing is warranted. Any appellant desiring such a remand must simply complete a very basic form, attached to the Court's order, and return it to the Court (either by FAX or by mail). If an appellant does not wish to have his/her case remanded, s/he need do nothing.

No precise deadline is given for when the required form must be returned to the Court. The order states only that it must be "promptly" submitted.


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