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April 12, 2006

More House Booker hearing follow-up testimony

In this recent post, I noted the compelling supplemental written testimony from attorney James Felman, which followed up on his work at the March 16 House hearing on Booker.  Today I finally received a copy of Distict Judge Paul Cassell's supplemental testimony, which can be downloaded below and is also a very interesting read. 

Judge Cassell's supplemental work includes a thoughtful examination of the six cases that the Justice Department cited to argue that the Booker sentencing system was not working.  (Notably, most of these cases involve pre-Booker sentencings reviewed by the Ninth Circuit in ways that simply reflect Booker transition issues.) Judge Cassell's testimony also incorporates a letter and study from Chief Judge Wolf of the District of Massachusetts, which suggests that many cases that the US Sentencing Commission has counted as judicial departures/variances may actually involve actually govt-sponsored departures.

Download cassell_supplemental_house_booker_testimony.pdf

Some related prior posts:

April 12, 2006 at 08:20 PM | Permalink


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