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December 12, 2005

Not much from SCOTUS, but USSC action coming soon

The Supreme Court's final order list for 2005, which is available here, does not appear to have much to interest sentencing fanatics.  Notably, the order list does not have any Booker GVRs, although it does have a lot of cert denieds that appear to be criminal cases.  My sense is that, as we today mark the 11th-month anniversary of the Booker decision, the Booker pipeline is almost completely clear.

But, speaking of Booker pipelines and reasons to celebrate, I have on good authority that the US Sentencing Commission will be releasing a lot of new pre-Booker and post-Booker data very soon.   Specifically, I am hopeful that we may soon see on the USSC's website sentencing data from Fiscal Year 2004, which should be quite interesting because sentencing courts in FY04  were still adjusting to the impact of the Feeney Amendment when the Blakely earthquake hit.  In addition, I am also hopeful that we my also soon see on the USSC's Booker page new and updated post-Booker data, including perhaps some of the additional types of data that, as I suggested in this Booker data wish list and in this formal letter to the USSC, seem important in order to get a more complete view of post-Booker federal sentencing.

UPDATE!!: Astute observers of the work of the USSC and post-Booker data will see that on the USSC's Booker page, there is now this updated version of the USSC's monthly report on post-Booker data through November 1.  If you play a law nerd's version of "Where's Waldo" — by asking where's Blakely — you can discover why this updated version of the post-Booker data is so notable and interesting.

December 12, 2005 at 12:06 PM | Permalink


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