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September 21, 2006

What's next on crack sentencing after Gunter?

I have received calls from reporters following up the Third Circuit's Gunter ruling (basics here, commentary here and here) asking about the decision's broader significant for crack sentencing in the federal system.  Because the Gunter decision is so nuanced, as discussed here, a lot depends on how others react to it.  (For more background and one thoughtful reaction, check out this long post on Gunter from the Third Circuit Blog.)

Though I though the government might seek en banc in Gunter, another brewing Third Circuit case on crack sentencing might also lead it to hold its powder for now.  Most important to these broader stories, at least in the short term, may be whether and how other circuits react to Gunter.  Long-term, crack sentencing may depend a lot on when and how the Supreme Court and the US Sentencing Commission (which has a public meeting today) starts dealing with broader Booker issues.

A few related crack sentencing posts:

September 21, 2006 at 08:43 AM | Permalink

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