Recapping (un)reasonable sentencing times

Since my last review of sentencing highlights, circuit courts struggling with Booker reasonableness review continue to be the big story.  But, as detailed below, August has been a hot month in other sentencing arenas as well.  Here are some abridged highlights:

BOOKER CIRCUIT DEVELOPMENTS AND COMMENTARY

• Ninth Circuit clarifies en banc reasonableness issues
• Amicus brief in Third Circuit case on burdens of proof
• Taking stock of post-Booker circuit splits
• The central flaw in reasonableness review
• When and how should SCOTUS take up reasonableness review?
• Booker downloads of the week
• Crack reasonableness review should be as easy as 1, 2, 3
• What a Booker month in the circuits

OTHER BOOKER DEVELOPMENTS AND COMMENTARY

• What's going on behind closed doors at the US Sentencing Commission?
• Nice Slate commentary on crack sentencing
• Sad proof of post-Booker judicial intimidation
• Extraordinary paper on post-Booker sentencing

BLAKELY DEVELOPMENTS AND COMMENTARY

• Petitioner's reply brief in Cunningham
• Another strong Blakely opinion from Alaska
• An update on Blakely in Minnesota

DEATH PENALTY DEVELOPMENTS AND COMMENTARY

• Is capital punishment for drunk driving morally required?
• Missouri considering use of gas chamber
• Oklahoma tweaking its lethal injection protocol
• Executions making a comeback
• The inconsistent pace of executions

OTHER DEVELOPMENTS AND COMMENTARY

• Seeking surveys of sentencing attitudes
• Maryland governor taking clemency responsibility seriously
• President Bush issues more minor pardons
• Meth offender registries all the rage
• ABA's Criminal Justice sentencing symposium
• A criminal start to OT '06 for SCOTUS