Major sentencing developments for first half of 2005

Last year I celebrated the close of 2004 with this narrative sentencing year in review.  Amazingly, 2005 has proven to be an even more dynamic and interesting sentencing year than 2004 (which I did not think was possible), and I am certain I cannot do it justice in a short narrative.  Instead, I will close out the year with a month-by-month post review of 2005 sentencing highlights (and lowlights).

As I started to assemble this list, I discovered that even abridged highlights from nearly two thousand posts in 2005 would run very long.  Thus, I have divided the list into two posts.  Below are highlights for the first half of the year; the second-half highlights will appear in a follow-up post:

JANUARY

• Suggesting sentencing resolutions
• Gonzales hearing highlights (torture-free)
• SCOTUS speaks: Booker and Fanfan have arrived!!
• Collected Booker commentary
• More collected Booker (and Wilson) commentary
• Always remember to show your work
• Requiring proof beyond a reasonable doubt in any legislative fix
• Is there a "new right" on criminal sentencing issues?

FEBRUARY

• The Booker battles: questions of perspective
• Ex post facto headaches from any legislative response to Booker
• Gearing up for Booker hearing week
• House hearing highlights
• Heading home after a great DC week (includes USSC hearing highlights)
• Sorting through the Circuit circus
• Songs in the key of 3553
• Criminal justice, constitutional law, federalism and hot button issues

MARCH

• SCOTUS declares unconstitutional juvenile death penalty in Roper
• More Roper thoughts and the development of state constitutional law
• Three-ring circus ... err, three-way circuit split
• SCOTUS rules in Shepard (and muddies the prior conviction waters)
• Summarizing Shepard (and seeking state insights)
• A potent argument for Apprendi's retroactivity
• State debates over whether to Blakely-ize or Booker-ize
• Booker and crack/powder cocaine sentencing

APRIL

• Shaming, remorse, apologies and victims
• Retroactivity contrasts and contentions
• Booker and Blakely stories shifting to warp speed
• Puzzled by Tennessee's Blakely waltz
• Details concerning the brewing Booker fix
• Questions about the brewing Booker fix
• Still more voices speaking out against brewing Booker fix
• Sentencing world in warp speed
• State of state Blakely fixes and high court rulings
• More evidence of the decline of death

MAY

• Sex (offenders) in the city
• Is the Booker plain error split now finally cert. worthy?
• Further reflections on burdens of proof and acquitted conduct
• Reasons for rooting for criminal justice federalism
• The waiting is the hardest part...
• DOJ planning national sex offender registry (note the copious comments)
• The Fool(ish bills) on the Hill
• SG is seeking cert. on plain error!
• A capital waste of time?

JUNE

• A quick sentencing perspective on a possible new Justice
• A Blakely blank spot in sentencing reform principles
• California Supreme Court dodges Blakely
• SCOTUS refuses to take on Booker plain error
• Not now or not ever on Booker plain error?
• AG Gonzales calls for a Booker fix
• Background on AG Gonzales' proposed Booker fix
• Questions about AG Gonzales' speech
• Initial end-of-Term reflections on criminal justice and sentencing