September 2, 2005
A new Guidelines Manual after Booker?
In this comment to my post on burdens of proof, a commentor going by the name "A government laywer" asserts that the "Commission issued a new Manual to reflect Booker" and that "the whole reason for issuance of the updated manual was to account for Booker."
If it is true that the US Sentencing Commission has issued a new Guidelines Manual to account for Booker, I am embarrassed to have missed this important development (and also concerned that the USSC has not done a better job publicizing this important development). But if it is not true, I am very troubled that a government lawyer working in this field may mistakenly believe that the current federal guidelines have been updated to "account for Booker."
Of course, it is highly possible that the commentor going by the name "A government laywer" is not, in fact, someone with any significant sentencing responsibilities in the post-Booker world. Nevertheless, I found the comment sufficiently important and disturbing to justify this post and to seek the input of other readers in the comments. Have I missed something big?
UPDATE: Who says the federal government isn't responsive? Not more than 20 minutes after I posted this item, I received a call from folks in the know at the US Sentencing Commission to confirm my understanding that the USSC has not (at least not yet) issued an updated Guidelines Manual to account for Booker. (I was pretty confident this was the case, in part because the USSC has been quite effective at making its post-Booker work public and available.) Thus, the question now is how "A government laywer" got such bad information and also whether we need to be concerned that some folks with significant post-Booker sentencing responsibilities may not be operating in a reality-based sentencing world.
September 2, 2005 at 11:56 AM | Permalink
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I am a law librarian looking for this "post-Booker" manual that I read about in Federal Sentencing and Post-Conviction News from summer 2005. Perhaps this is where word of the manual got started.
Posted by: matt | Sep 7, 2005 8:41:08 AM