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November 10, 2005

The echoes of alternative sentences

Recently we have seen some interesting circuit rulings on how to deal with alternative sentences announced during the Blakely-Booker interregnum: the DC Circuit's ruling in Ayers (discussed here) and the Fifth Circuit's ruling in Adair (discussed here) both spotlight the interesting legal and practical questions that surround the alternative sentencing approach adopted by some district courts between Blakely and Booker.

Following up my recent discussion of these issues, during which I wondered whether anyone has collected data on the number and nature of alternative sentences announced during the Blakely-Booker interregnum, I received via e-mail a fascinating report about alternative sentences.  Here are some highlights of that report:

The Bureau of Prisons did track alternative sentences anecdotally, but not statistically.  The Sentencing Commission was doing some statistical tracking, but [apparently] that effort, which started in late 2004, went by the wayside when Booker was decided in mid-January....  And, FYI, the alternative sentences that BOP reviewed during the interregnum were literally all over the board.  In some cases, the alternative sentence was much harsher than the Guidelines sentence, in other cases it was much more lenient, and in some cases it was the same.

November 10, 2005 at 04:53 PM | Permalink

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In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB