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October 2, 2005

A bit of Booker fix buzz

A few weeks ago in this post, I detailed some political and legal reasons why I think the Booker advisory guidelines remedy might persist for some time.  Since then, however, I have been hearing buzz about efforts that may be afoot to respond legislatively to Booker

Specifically, I have heard that the Justice Department is actively working on a legislative proposal that would make a reality of AG Alberto Gonzales' suggested minimum guideline system (background here).  In addition, I have heard that the House of Representative may be gearing up for a January hearing on Booker around the one-year anniversary of the decision.

My sense is that most federal judges are quite pleased with the post-Booker status quo, and in recent posts have noted commentaries by Chief Judge James Carr and Judge Lynn Adelman suggesting a legislative Booker fix is not needed.  If the Booker fix buzz grows in the months ahead, it will be interesting to see if other federal judges will vocally oppose new sentencing legislation.  Also, if and when more Booker fix chatter comes from DOJ and the House, it will be interesting to see when and how the US Sentencing Commission will jump into this important policy debate.  (Recall that the latest issue of the Federal Sentencing Reporter assembles materials concerning these issues as it asks "Is a Booker Fix Needed?").   

October 2, 2005 at 04:29 PM | Permalink


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