Thursday, November 10, 2005

Supreme Court might consider Booker's retroactivity

As being reported at SCOTUSblog, the Supreme Court has on its November 23 conference an issue of immense importance to many federal prisoners, whether Booker applies retroactively to cases on collateral review. The case is Clark v. U.S., No. 05-5491. It has attracted attention because the Court asked for a response from the Solicitor General and, according to SCOTUSblog, eleven other pending cases on the issue have been ready for Court action, but have not been acted upon, apparently awaiting the outcome of the Clark case. Every circuit to have considered the issue has held that Booker is not retroactive, so a cert. grant would be good news. The results of the conference will be issued on November 28.


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