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May 8, 2005

More Booker data coming soon?

It has now been nearly a month since the US Sentencing Commission has updated its post-Booker data.  (The last data report, with cases coded through April 5, is available here and discussed briefly in this post.)  Of course, the USSC has been busy finishing up its report of 2003 sentencing data (discussed here) and trying to beat back the bad Booker fix bill moving through the House (through this letter and perhaps other means).  Nevertheless, I am again getting itchy to see the latest state of post-Booker sentencing in the district courts, especially the federal sentencing system is probably now back to processing over 5000 cases per month.

Moreover, I continue to be eager, as noted in this prior post, for post-Booker circuit court data.   My sense is that the pace of circuit Booker rulings has shifted into high gear (except in the Ninth Circuit, where we are still awaiting an en banc ruling in Ameline).  A quick on-line search tonight produced over 750 federal appellate decision mentioning Booker, and this list leaves out at least some unpublished dispositions.  Whenever we get Booker circuit data, I will be especially interested to compare affirmances and remands of various sorts among the circuits taking divergent approaches to plain error and Booker other pipeline issues.

Notably, as detailed in this post, later this month the USSC will help conduct the  14th Annual National Seminar on the Federal Sentencing Guidelines.  I suspect the USSC will update and make public its post-Booker data for that event, but I hope we might get at least some new data even sooner.

May 8, 2005 at 09:11 PM | Permalink


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Does anyone have any speculation as to why Ameline is taking so long?

Posted by: Laura | May 9, 2005 2:32:50 PM

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