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February 7, 2005

More great defense insights and commentary

As evidenced by posts here and here and my due process musings here, the Booker result has the defense bar buzzing, and defenders are generating amazing insights about the post-Booker world.  More proof arrived in my in-box today in the form of two amazing draft articles I received from federal public defenders, both of which are slated for publication in a forthcoming issue of The Champion.

With extra thanks to The Champion for allowing me to post these drafts, below I have for downloading first a piece by Anne Blanchard and Kristen Gartman Rogers entitled "Presumptively Unreasonable: Using the Sentencing Commission's Words to Attack the Advisory Guidelines."  This piece echoes some of my ideas here about the post-Booker importance of the USSC's 15-year report.

Download blanchardrogers_15year_report_champion_article.rtf

A second amazing piece comes from Steven Kalar, Jane McClellan, and Jon Sands, and it is entitled "A Booker Advisory: Into the Breyer Patch."   In addition to that amazing title, the piece begins with quotes from REM and Yogi Berra.  That should be enough to prompt downloading by everyone.

Download sands_et_al_on_booker_for_champion.rtf

Last but not least, after noticing that frequent commentor Alex Eisenmann was regularly posting in the comments a number of important and ground-breaking comments, I encouraged Alex to assemble all his comments in one document.  Alex was kind enough to oblige, and I now also provide the document he created here for your reading pleasure.

Download eisemann_posts_on_sentencing_law_policy_blog.doc

February 7, 2005 at 06:05 PM | Permalink


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Hello Professor--
I just came from the US Chamber of Commerce, and before that private practice, to start up NACDL's new White Collar Crime Project. One of my chief focuses is the organizational sentencing guidelines. I have recently drafted a letter with many trade-association signatories urging a go-slow approach to sentencing reform and also urging the taking of testimony from the business community. Would you be interested in the letter when it is released? I'd like to stay in touch ....

Stephanie Martz

Posted by: Stephanie Martz | Feb 7, 2005 9:26:23 PM

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