Not Publishing any more Booker Cases; just to may of them....

3:05 PM 8/18/2006
US v. Yeje-Cabrera, 430 F.3d 1, (1st Cir. 2005)(This case raises several issues of importance, including whether a district court may punish the prosecution by granting the defendant a lower than warranted sentence after trial because the government had engaged in "fact bargaining."the ill-fated driver of the tractor-trailer, instead of making his delivery, accidentally backed into a state trooper's cruiser. Law enforcement agents seized the tractor-trailer and discovered that it contained 260 kilograms of cocaine.The prosecutor's conduct here transgressed no norm, constitutional or legal. There was no cause to punish the prosecution at all. We defer until some other case the question of whether a district court may ever reduce a defendant's sentence as a sanction against the government for its conduct in earlier negotiating a plea which is not accepted. Olivero thus will be resentenced in a post-Booker).
US v. Sanford, 429 F.3d 104 (5th Cir. 2005)(2255 remand).
US v. Henry, 429 F.3d 603 (6th Cir. 2005)(Probation search of room was not supported by reasonable suspicion that he was violating residency term of probation; 922(g) reversed).
US v. Cunningham, 429 F.3d 673 (7th Cir. 2005)(District court failed to adequately explain sentence imposed).
US v. Williams, 429 F.3d 767 (8th Cir. 2005)(portions of the indictment failed to allege possession of drugs with intent to distribute in insufficient).
US v. Heredia, 429 F.3d 820 (9th Cir. 2005)(erroneous jury instruction).
US v. Howard, 429 F.3d 843 (9th Cir. 2005)(requirement that pretrial detainees wear leg-shackles when making first appearance before Magistrate violated due process absent showing of adequate justification).