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February 12, 2005

Reports on recent Booker district court sentencings

As evidenced by all the action detailed here and here and here and here, the federal circuit courts are taking over the Booker headlines as they try to sort through all the "pipeline cases."  But, in the end, the mess of all these pipeline cases (which I will comment on later this weekend) are just short-term transition realities of the Booker shift.  Of greater long-term importance is how Booker gets applied in the district courts.

I have stressed here (and will stress to the Sentencing Commission next week) the importance of focusing upon data rather than anecdote when assessing how Booker is really being applied in the district courts.  But, because I do not have access to such data, I have to report here only the interesting anecdotes I find in the papers.  So, with that caveat, here come notable post-Booker district court sentencing anecdotes (most of which do not actually discuss Booker):

Given the Draconian punishment associated with crack cocaine, to follow the guideline range for this case would go beyond what is needed to serve the purpose of sentencing," McDade said. "Respect for the law doesn't always mean sending people to prison for as long as you can."

February 12, 2005 at 12:01 PM | Permalink


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Have you undertaken any effort to canvas the scope of ex post facto arguments being advanced by defense lawyers?

Posted by: Michael Sommer | Feb 16, 2005 2:00:43 PM

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