September 29, 2006
Sensenbrenner officially introduces topless guidelines Booker fix
I heard word today that House Judiciary Committee Chairman, F. James Sensenbrenner, Jr. has (finally) officially introduced a legislative Booker fix in the form of HR 6254 (available for download below). Though some resist the label "topless guidelines," that label is the easiest way to describe a bill that is formally called the "Sentencing Fairness and Equity Restoration Act of 2006." I likely will spend the weekend discussion this (somewhat expected) development, but I have an afternoon with more fun that blogging planned. Plus, as revealed below, I have already blogged aplenty about these matters.
Just some of many posts on topless guidelines and other Booker fix buzz:
- Sensenbrenner Booker fix drafted
- Will the fall bring any Booker fix action?
- News on the Booker fix front
- Constitution Project urges post-Booker reforms
- Full draft of Tweaking Booker
- Latest FSR issue develops model federal guidelines
- FSR Issue 18.3: Taking Stock a Year after Booker
- FSR Issue 18.2: Defense Perspectives on the Post-Booker World
- FSR Issue 17.5: Is a Booker Fix Needed?
Posts in my (now dated) "Dead Booker walking?" series:
September 29, 2006 at 02:24 PM | Permalink
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Professor, It seems to me the title of the Bill should read
"All Mandatory Minimums as determined by the Guidelines and Maximums of the statute, the greatest of all sentencing provisions"
Posted by: Barry Ward | Sep 29, 2006 3:35:39 PM
"Sentencing Fairness and Equity Restoration Act of 2006"
So, Congress is going to correct all this "presumptive reasonableness" stuff and tell courts that advisory really means advisory, right? I mean, that would restore fairness and equity to the post-Booker world (in the 4th Circuit, anyway). Alas, there's no truth in labeling law for Congressional acts.
Posted by: JDB | Sep 29, 2006 3:48:05 PM
Apparently he's a fan of the nascent pattern Prof. Berman has identified in the Eighth Circuit.
I think Barry Ward's title is a bit more accurate, but I suppose "topless guidelines" captures it fairly as well. Hooray for election season legislation.
Posted by: | Sep 29, 2006 5:29:21 PM
My longstanding policy is to distrust any law with the word "fair" in the title.
Posted by: John Carr | Sep 30, 2006 8:08:54 PM