Follow the Yellow Cert Road . . .

The DOJ's strategery for dealing with Blakely in the Supreme Court. Two cases have been selected by DOJ to head to the Supreme Court. One is the Fifth Circuit's decision knocking down the Guidelines, while another is a district court case from Maine doing the same thing. If all goes smoothly, the Court should hear the case(s) in its initial session in October. Of course, should the Court be so inclined, it could take up a cert petition filed by a defendant and review the whole thing under the plain error doctrine. I filed two petitions last week that would do quite nice, thank you.