Is Booker Fanfan Retroactive?

In an thorough opinion denying 2255 habeas relief, this judge sets forth the reasons why BOOKER and or Fanfan should not be found retroactively. It reads like an outline of arguments for good defense counsel to anticipate and respond to (in advance) or the Governments pleadings:

http://sentencing.typepad.com/sentencing_law_and_policy/files/siegelbaum_opinion_denying_2255_motion.pdf

Chip Venie, Esq.


Our firm concentrates on federal and state criminal defense. Mr. Venie has handled over 130 federal criminal appeals and over 600 other felony matters.