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July 30, 2005

Post-Booker resentencings

This article from the Washington Post reports on a high-profile post-Booker resentencing of three members of a "Virginia jihad network" in which "U.S. District Judge Leonie M. Brinkema was pleased that she had the chance to lessen sentences she had criticized as excessive."   Interestingly, though in absolute terms, the post-Booker sentence reductions were significant  — "Brinkema reduced defendant Seifullah Chapman's sentence from 85 years in prison to 65 years and shaved 20 years off Masoud Khan's sentence"  — the defendants are still to serve lengthy terms of imprisonment.  This article provides additional details on this case.

Though the terrorism component of this resentencing is likely to capture the most attention, this case has me thinking more generally about post-Booker resentencings.  I continue to wonder about exactly how many resentencings have been ordered in the wake of Booker and also about the evidence being considered and the ultimate outcomes at these resentencings.  I suspect the US Sentencing Commission will ultimately produce helpful data on resentencings, but probably not for quite some time.  I also suspect the Justice Department has data on these matters, but unfortunately DOJ seems disinclined to share its data.

July 30, 2005 at 07:18 AM | Permalink

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