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16 Oct 2020, 5:16 am by Howard Wasserman
Booker; Booker asked why she did not discuss the injustice of the distinction--a stupid question justifying the amount of attention I devoted to the... [read post]
2 Mar 2007, 7:23 am
"[T]he plain import of Booker is that a 1-day, below-the-Guidelines sentence, no less than a 7,300-day, above-the-Guidelines sentence, is now a viable sentence for a district court to impose so long as it is authorized by statute and reasonable within the meaning of 18 U.S.C. sec. 3553(a). [read post]
7 Aug 2008, 8:01 pm
Booker, 151 months following Booker, and then 180 months after the First Circuit rejected the district court's calculation of the variance in the second sentence. [read post]
31 May 2007, 9:53 pm
  We do not believe that the Court's remedial decision in Booker departs so dramatically from the Court's interpretation of the Sixth Amendment in Blakely that what was absurd in Blakely is now a reasonable practice after Booker. [read post]
8 Nov 2006, 3:02 pm
Ducan Fanfan is not quite a name that will live in Supreme Court history, but sentencing fan(fan)s surely recall that his case was the companion to the Booker case that brought down the mandatory federal guidelines. [read post]
10 May 2007, 1:00 pm
As I noted here last year, there is a consequential circuit split over the status of "traditional" departures after Booker. [read post]
5 Nov 2006, 10:20 am
SCOTUS Booker questions presented ... and more questions How many amici briefs will there be in Claiborne and Rita? [read post]
9 Aug 2015, 3:59 pm by familoo
This sometimes happens, Mr Booker. [read post]
15 Mar 2007, 10:31 am
  Other drug and loss calculations issues, many criminal history definitions, many cross-references, and the departure guidelines all cry out for post-Booker attention. [read post]
4 Nov 2006, 8:59 am
The Federal Sentencing Reporter has already published a number of pieces about reasonableness review after Booker (see list here). [read post]
1 Mar 2007, 8:35 pm
US District Judge Gregory Presnell, who long ago already secured a place in my Sentencing Hall of Fame, sticks to his guns in a fascinating Booker resentencing opinion in US v. [read post]
2 Sep 2011, 7:43 am by familoo
More good stuff on the Haigh / Hemming / Booker / Watson sagathon: John Hemming’s Extraordinary Defence on Head of Legal. [read post]
13 Dec 2006, 1:28 pm
Eleventh Circuit refuses to reconsider en banc whether a federal district court imposing sentence for a crack cocaine offense in this post-Booker regime may express disagreement with Congress's 100-to-1 powder cocaine-to-crack cocaine ratio: Today's order denying rehearing en banc is accompanied both by a concurring opinion and a dissenting opinion. [read post]
18 Sep 2018, 9:01 pm by Michael C. Dorf
Senator Booker himself is a key example. [read post]
16 Oct 2014, 1:43 pm by Lisa Baird
Over on the Drug & Device Law blog, Reed Smith partner Eric Alexander calls attention to Booker v. [read post]
31 Dec 1969, 4:00 pm by Lara Bryant
Senator Booker’s Climate Stewardship Act will give farmers the much-needed resources needed to help us in that fight, and it is not a moment too soon. [read post]