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March 14, 2005

Booker head-count at two months

This weekend marked the two month anniversary of Booker, which serves as good time to do another on-line head-count of court decisions.  As detailed here, a month ago a Booker search on Westlaw brought up 132 federal sentencing rulings.  Now such a search brings up 339 decisions (222 of which are from circuit courts, and 117 from district courts).  Of course, as detailed in the latest set of US Sentencing Commission post-Booker statistics, these on-line rulings represent only a small part of the post-Booker federal sentencing universe.

March 14, 2005 at 07:58 AM | Permalink


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I am a second year law student at Willamette University College of Law in Salem, Oregon. I am also a clerk for a local attorney who has a few federal criminal cases.
One case in particular went before Judge Garr King at District Court in Portland, OR today. Our client, the defendant, pled guilty to one count of possession of meth with intent to distribute. We stipulated to the amount seized (233 grams), and the PSR and the Government recommended a Guidelines sentence of 87 months (after reductions for safety valve and acceptance of responsibility). We argued, per Booker, that the Guidelines are not mandatory, and that a more appropriate sentence reflecting the defendant's lack of criminal history would be the statutory minimum sentence, or 60 months.
In addition, we brought to the court's attention the fact that under the Guidelines, the defendant would have gotten the same sentence for trafficking 55 pounds of cocaine or 10 tons of marijuana.
Long story short, Judge King sentenced our client to 60 months in prison based on the record before him.
I was wondering if you have heard of any other stories like this post-Booker? From my reading, this is pretty extraordinary.
Thank you for this blog, it has been extrememly helpful and informative.

Posted by: Kevin Jacoby | Mar 15, 2005 6:21:20 PM

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