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September 16, 2005

Sentencing around the blogosphere

Though buzz about the Roberts hearing and Katrina issues still dominate the blogosphere, a number of notable sentencing items are still to be found:

September 16, 2005 at 12:41 PM | Permalink

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Note too that Cruz does not address whether Booker's remedial holding would be retroactive. The analysis would seem to turn more on whether that portion of Booker, involving, as it does, a question of statutory construction/severability, amounts to a "substantive" rule within the Bousley line of cases. Even putting to one side the practical arguments against a ruling that this facet of the decision is retroactive, and focusing just on the legal issue, it seems that, because the pertinent statutes that were severed do not define a criminal offense, let alone narrow its reach so as to create the factual innocence concerns undergirding Bousley, the remedial holding is not retroactive.

Posted by: anon | Sep 16, 2005 1:43:46 PM

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