January 28, 2005
No news is good news?
I am intrigued, and somewhat pleasantly surprised, about how calm everything seems in the post-Booker federal sentencing world. Is it possible that Justice Breyer in fact, as Ron Wright and I speculated here, produced a stable outcome with his Booker remedial opinion? As noted before, we are seeing some tough sentences from the district courts (details here and here), and I wonder if that may be impacting the reactions of other actors and institutions.
I recall that, after Blakely, it took less than two weeks for the Senate Judiciary Committee to convene a hearing to address "Blakely v. Washington and the Future of the Federal Sentencing Guidelines." (Notice here, highlights here and here). Though I have heard rumors about activity on the Hill, I have not heard anything to suggest hearings are imminent.
Of course, I know that the US Sentencing Commission had an important meeting yesterday, and I am hopeful that we will hear more from that important inside-the-Beltway player before long. Also, I assume once Alberto Gonzales is confirmed to be AG we are likely to hear more from the all-important Justice Department. (More on these fronts here.)
Moreover, it is certainly possible that, here in the ivory tower far outside the Beltway, I am just unaware of all the post-Booker activity in the works. Though this might be a calm before a coming storm, I am closing another work week again amazed by how dynamic and unpredictable the world of sentencing can be.
January 28, 2005 at 05:09 PM | Permalink
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No news IS good news. I hope we get a chance to see what this regime will look like after several months.
Posted by: Osler | Jan 29, 2005 11:18:59 AM