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March 25, 2006

Another assessment of the post-Booker world

The Drug War Chronicle has this recent article reviewing the state of the post-Booker world, which discusses both the recent USSC report and House hearing about post-Booker sentencing (background here).  The piece mostly reflects a defense perspective on these issues, and here is how it begins:

Fourteen months ago, the US Supreme Court upset the federal sentencing apple cart when it ruled in US v. Booker that the sentencing guideline scheme in place for nearly two decades unconstitutionally allowed judges to sentence defendants based on facts not heard by a jury.  As a remedy, the Supreme Court held the guidelines could no longer be mandatory, but only advisory. While some sentencing reform advocates hoped that more humane drug sentences would result, and conservative congressmen and the Justice Department worried that somebody somewhere would not do enough prison time, after a year of post-Booker sentencing, little has changed.

March 25, 2006 at 10:32 PM | Permalink


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