July 12, 2006
Booker developments (that I can't fully process)
For some reason, I cannot currently access pdf files with my on-the-road computer. This means I can provide only a vague report on two notable Booker developments:
- From the 11th Circuit, this article reports that another below-guideline sentence has been reversed for being too lenient. The decision in US v. Martin, No. 05-16645 (11th Cir. July 11, 2006) (available here), is newsworthy in part because it involved a HealthSouth executive.
- From the Sentencing Commission, I see on this Booker webpage that the USSC has released another batch of post-Booker data. I doubt the broad data story has changed recently, but small new trends might be appearing as the Booker remedy settles in further.
If I get access to a pdf-friendly computer anytime soon, I might have some commentary on these developments.
July 12, 2006 at 02:08 AM | Permalink
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this case is getting me very worried....what is reasonable, and isn't it up to the district judge to say what is reasonable? Where are all the appeals courts on "unreasonable" sentences that celebraties get.....SCOTUS should be in an uproar.
I'm involved in a 65% reduction in jail time, and the Solicitor General just granted the govt the right to appeal the Booker resentnece we already received.....my gut tells me that the new sentence is reasonable and will stand up, as the inmate is still in prison, but ultimately he and his family looses, as they must retain counsel to continue the fight.....how reasonable is that, especially if the appeals court simply hands down a confirmation of the current sentence.
Posted by: D | Jul 12, 2006 9:56:06 AM
well, geeze, 7 days for fraud that cost millions? I do bread and butter court appointed drug cases with the value of the dope never in the millions, just thousands of dollars and my clients get pounded (even first timers). I wish i could get departures like the government offered him. A real sentence? The guy still was getting off on the light side since congress doesn't punish fraud crimes like drug offenses before the judge let him skate (with 8 mill in assets and an education, he still sitting well). Under the departures, i have not heard about executives getting drive-by shootings due to cooperation. I think the hoo-ha is too much, the judge did have too light a touch.
Posted by: randall | Jul 12, 2006 12:03:17 PM