Booker and Fan Fan: Retroactivity
So who can seek relief after today's decisions in Booker and Fan Fan? And will they get anything? I hate to dash hopes, but my intial impression is that it doesn't look very promising for the vast number of defendants out there, although there will be a lot of litigation engendered by the decision. Justice Breyer writes for the Court:
As these dispositions indicate, we must apply today's holdings--both the Sixth Amendment holding and our remedial interpretation of the Sentencing Act--- to all cases on direct review. See Griffith v. Kentucky, 479 U. S. 314, 328 (1987) ("[A] new rule for the conduct of criminal prosecutions is to be applied retroactively to all cases . . . pending on direct review or not yet final, with no exception for cases in which the new rule constitutes a 'clear break' with the past"). ....
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