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September 26, 2006

Seeking cert-worthiness: good post-Booker SCOTUS vehicles?

As noted here, the Supreme Court did not grant cert on any major criminal cases today. But, as discussed here, the Cunningham and Burton cases already scheduled for fall argument satisfy my ache for post-Blakely issues on the SCOTUS docket.  The big brewing question, as I have previously discussed here and here, concerns when and how the Supreme Court will take up a post-Booker federal sentencing case. 

Late last week I received a copy of a cert petition filed in US v. Thurston, a case coming from the First Circuit (discussed here) where the panel ruled that a large downward variance was unreasonable (despite being supported by two district court rulings), and then strangely declared that a sentence of at least 36 months was likely needed to survive reasonableness review.  I view Thurston as one of perhaps many suitable cases that the Supreme Court might use to provide much-needed clarity about post-Booker sentencing procedures and reasonableness review.  Interested readers can download the Thurston petition here:

Download thurston_cert_petition.pdf

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September 26, 2006 at 04:36 PM | Permalink

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