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July 25, 2005

Monday morning around the sentencing blogsphere

To start your work week, here are a bunch of interesting sentencing items around the blogsphere:

  • Dan Markel at PrawfsBlawg has this post entitled "Democrats for Castration?" which explores the rhetoric coming from Alabama, discussed here and here, as officials discuss new sex offender legislation.

  • Ellen Podgor at White Collar Crime Prof Blog here provides an interesting op-ed about the sentencing of Bernie Ebbers and media coverage of white collar sentencing.

  • Yuangchung Lee at the Second Circuit Blog has interesting posts here and here about interesting sentencing decisions issued by the Second Circuit last week.  Especially noteworthy is the discussion of the Circuit's reversal of a departure in US v. Brady, No. 04-0729 (2d Cir. July 22, 2005) (available here), which concludes with this insight about the place of departures post-Booker:

[I]n overturning the district court's departure decision [despite] compelling mitigating evidence, perhaps the Court has inadvertently ... consigned the ยง 5H1.3 departure to the dustbin of history altogether.  After this case, and in light of Booker, what district judge in his or her right mind would bother with justifying such a sentence by resort to the traditional downward departure mode of analysis, which is both difficult to satisfy and easily overturned on appeal, when the same outcome could be justified as simply a "non-Guidelines" sentence under Section 3553(a)?  The latter approach is far simpler, more appeal-proof, and, yes, more reflective of our basic intuitions about fairness and justice.

July 25, 2005 at 10:40 AM | Permalink


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