February 8, 2005
Booker news and notes
A few Booker items have caught my eye at the end of a relatively quiet day for Booker in the courthouse:
- This fascinating article from the Texas Lawyer provides a Lone Star view of the Booker with an emphasis on legal uncertainties and the workload for the Fifth Circuit. I touched on workload issues in a recent post on Booker burdens, and I was intrigued by this quote from the Fifth Circuit's Chief Judge Carolyn Dineen King:
"We're going to have a meeting of all of the judges in about a week and try to get a coordinated approach to it all," King says of Booker appeals. "It is a monumental task."
- As detailed here and here, the Sixth Circuit would have benefitted from a coordinated approach to plain error, and Peter Henning of the White Collar Crime Prof Blog notes here that some of the disparate inter-circuit approaches to plain error have been in white-collar cases.
- With House and Sentencing Commission hearings on the way, groups and commentators are sharing advice concerning legislative reactions to Booker. This AP article reports on the ABA's "go slow" resolution (previously discussed here), and this newspaper commentary provides an insightful set of recommendations in urging Congress to pass "bipartisan legislation to make our federal justice system fairer, cheaper and more effective at reducing crime."
February 8, 2005 at 12:19 AM | Permalink
TrackBack URL for this entry:
Listed below are links to weblogs that reference Booker news and notes:
Student/librarian Empire Law School, Santa Rosa, California;
In writing a case note for a Judges' article on BLAKELY I have come across the difficulty that BOOKER presents; BOOKER, as far as I can tell, is consistent with Blakely in that the court has held sentencing guidelines violative of the sixth amendment, but inconsistent in that Booker offers judges a choice to use the sentencing guidelines which I THOUGHT were unconstitutional. What am I missing here?
Posted by: Wallace Francis | Feb 8, 2005 5:06:12 PM