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October 13, 2006

Is a Booker reasonableness cert grant on the horizon?

Among other fun matters to debate after the SCOTUS Cunningham oral argument this week (debated here and here) is whether the Court might now be more (or less) likely to grant cert soon on a Booker issue.  As detailed in posts linked below, I believe the Court needs to take up a federal sentencing case ASAP to provide lower courts with clearer and more uniform guidance about the rules and procedures for post-Booker federal sentencing.

A helpful reader noticed that two paid cases from the Seventh Circuit, Boscarino and Lister, are both listed for the Court's October 27 conference (see SCOTUS schedule here and here, case background here and here).  These cases, and surely lots of pauper petitions also before the Court, likely focus on the question of whether it is proper for a guideline sentence to be deemed presumptively reasonable on appeal.

Some related posts:

October 13, 2006 at 12:22 PM | Permalink

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For what it's worth, we have several petitions pending before SCOTUS and asked them, as an alternative to granting cert, to hold the petitions in abeyance until after _Cunningham_ is decided. A quick check shows that one case that the considered during the Sept. 25 conference has been scheduled again for October 27.

Posted by: JDB | Oct 13, 2006 1:52:46 PM

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