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March 23, 2007

HLR case comment on crack ruling

I noted a great Harvard Law Review note on lethal injection litigation here, and now I have the opportunity to spotlight a great forthcoming HLR casenote on US v. Spears, the Eighth Circuit post-Booker crack ruling.  The casenote can be downloaded below, and here is a snippet:

Recently, in United States v. Spears, the Eighth Circuit ruled that it was impermissible for a district judge to grant a reduced sentence to a crack offender based on categorical disagreement with the ratio. This decision relied on questionable conclusions about Congress’s intent regarding both the 100:1 ratio and the place of judicial policy choices in a post-Booker world, and its result cabins judges into a cramped and counterproductive role in the sentencing of crack offenders.

Download recent_case_united_states_v. Spears, 120 Harv. L. Rev. ___ (forthcoming May 2007).pdf

March 23, 2007 at 12:49 AM | Permalink


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We have petitioned for cert. in Spears; I appreciate the note writer for the additional insights the note offers.

Posted by: Mark Osler | Mar 23, 2007 1:02:05 AM

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