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May 15, 2006

What is the USSC doing on the Booker front now?

In prior posts, I bemoaned that the US Sentencing Commission has ignored Booker in its guideline amendment process.  I also noted that the USSC's Booker report was long on data, but short on recommendations.  And now, with nearly two months having passed since the USSC's last release of post-Booker data, I cannot help but harp again about the Commission's continuing passivity in dealing with post-Booker realities.

Interestingly, as detailed in this curt official notice, a public meeting of the Sentencing Commission is scheduled for Monday, May 15, so that the USSC can officially vote to approve a new Statement of Reasons form.  I suppose this is a positive development, even though it took full 16 months after Booker to be finalized.  More importantly and disconcertingly, it remains entirely unclear (at least to this outside observer) what else the USSC is now doing concerning post-Booker developments.

Two months ago at the House oversight hearing (background here and here and here and here), in his written testimony, USSC chair Ricardo Hinojosa stated that "the Commission believes that it is time for serious consideration of a legislative response to Booker" and that the "Commission is considering holding its own Booker hearings."  And yet, as the post-Booker world marches on, no concrete proposals have emerged from the USSC and I've not heard any news of additional Booker hearings in the works.

Some related posts on USSC's post-Booker work:

May 15, 2006 at 01:47 AM | Permalink


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We can only assume that, in absence of contrary evidence, USSC members are not reading the 'Sentencing Law and Policy' blog...at least not without a guilty conscience or in a state of denial!

Posted by: Patrick S. O'Donnell | May 15, 2006 9:20:06 AM

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