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April 13, 2005

So much Booker circuit activity, eager for head-counts

I detailed here some highlights from the Eighth Circuit's copious Booker work today, and I see that Appellate Law & Practice has reports on sentencing cases from the First Circuit (here and here) and the Seventh Circuit Blog spotlights in a series of posts recent sentencing activity from the Seventh Circuit. 

But this is only the tip of the circuit sentencing iceberg: this opinion page reveals that the Sixth Circuit today issued more than a half-dozen (unpublished) opinions with sentencing issues, and my quick tour around the other circuits reveals that all but two circuits (the DC and the 9th) have issued numerous sentencing opinions this week.  I have officially given up trying to follow all the circuit action; I hope readers will make an effort to point out especially noteworthy and interesting opinions.

As noted here, today the Commission updated its post-Booker district court sentencing data.  But all this recent circuit action now makes me eager for some post-Booker circuit court data.  Actually, I would first like to see some post-Blakely appellate data; I suspect the sheer quantity of appeals in the federal system has spiked since Blakely.  Then I would like to see disposition data from the circuits, both post-Blakely and post-Booker

I suspect the USSC is overwhelmed just trying to track district court data and other key post-Booker tasks.  Moreover, we are all still awaiting the USSC's reports on (pre-Blakely) data from fiscal year 2003, which ended more than 18 months ago.  Thus, I am not holding my breath for post-Blakely and post-Booker circuit data anytime soon.  Nevertheless, the entire arena of federal sentencing appeals will likely be rich with interesting data whenever it becomes available.

April 13, 2005 at 08:44 PM | Permalink


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