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January 27, 2005

More Booker news reports and editorial praise

Newspaper articles reporting on federal sentencings continue to provide an interesting view of the post-Booker world.  At least based on the stories below, there seems to be little basis for Congress to fear that federal judges are consistently using their new discretion to "go soft" in fraud cases.

  • This article from Pittsburgh reports that Senior US District Judge Alan Bloch imposed a sentence of 37 months on a former police officer convicted of theft and fraud, which the article asserts was "the maximum under sentencing guidelines."  The article details that the defense made a potent case for mitigation based on the officer's family ties, distinguished prior service, and the risks of prison abuse, but apparently to no avail.

  • This article from Kentucky details the sentencings of two defendants convicted of bank fraud, reporting that "US District Judge William S. Bertelsman ... listened patiently Tuesday to the convicted bank frauds plea for probation with no jail time, and then he sentenced each to more than four years in federal prison."

  • This article from Michigan discusses a 46-month prison term given to John Gardiner, the 71-year-old former superintendent of East Detroit Public Schools convicted on corruption charges.  The article suggests the calculated guideline range was 57-71 months, but also notes that Gardiner had asked US District Judge Patrick Duggan to impose a sentence of only probation and community service.

Meanwhile, on the editorial pages, we are continuing to see significant expressions of support for the Booker outcome.  Recent editorials praising Booker come from the Minneapolis Star Tribune and the San Antonio Express-News; prior collections of similar pieces can be found here and here and here and here.

January 27, 2005 at 02:14 AM | Permalink


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