June 25, 2007
Will there be lower court Rita reactions this week?
As I stressed in this post (and other insightful folks have also noted here and here), the Supreme Court's Rita decision seems to approve a guideline-centric approach to post-Booker sentencing, but also seems to condone any reasoned decision by lower courts to take other approaches to post-Booker sentencing law and procedure. Consequently, Rita's "meaning" may only became clear as lower courts revise (or reiterate) their approach to post-Booker sentencing.
Thus, I am especially eager to see if this week there are some early rulings from district or circuit courts articulating views about how Rita changes (or does not change) their views of the post-Booker federal sentencing landscape. As I have noted in posts listed below, there are lots of new (and old) issues and questions left unresolved by Rita:
- Rita has something for everyone (except Victor Rita)
- The sweet(?) mysteries of Rita... annotated
- Are within-guideline crack sentences now presumptively unreasonable after Rita?
- New (or renewed) ideas and arguments suggested by Rita
As first noted here and detailed here, Gregory Nicolaysen of the Association of Federal Defense Attorneys (AFDA), has organized an audio webcast for today at 12noon EDT to allow me to discuss some of these post-Rita issues and the ruling's possible aftermath.
June 25, 2007 at 09:18 AM | Permalink
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ANY NEWS ON SECOND CHANCE ACT,RUMOR HAS IT UP FOR VOTE THUR.6/28? IN SENATE? ANY CONFIRMATION WOULD BE APPRECIATED. THANK YOU,
Posted by: | Jun 25, 2007 9:27:26 AM
I'm also interested to see how AUSAs respond. I wonder if we're going to see another strong press to demand guideline range sentences as if Rita declared that district courts must apply a presumption that the guidelines sentence should be used.
Posted by: nc | Jun 25, 2007 10:09:33 AM