As noted by Professor Douglas Berman at Sentencing Law & Policy here, with the opinion in United States v. Fraser,
2004 WL 2537410, No. 04-1100 (1st Cir. Nov. 10, 2004), the First
Circuit maintained its status "as a leader in affirming convictions
over Blakely objections on plain error grounds." No liberals
at the First!* The Circuit Judges, who share the Courthouse with the
Judges from the District of Massachusetts, must wonder at times whether
they are from a different planet.
See also our previous post: Is Pedro Martinez pitching at the First Circuit?
* I hope none of the Circuit Judges takes offense at missing out on being labeled with the "L" word.
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