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October 3, 2007

Gall and Kimbrough SCOTUS argument wrap-up

Thanks to this post at How Appealing, everyone can quickly catch up with major newspaper coverage of yesterday's oral arguments in the two Booker reasonableness cases.  This editorial from the Washington Post puts an interesting spin on what the take-away should be from the Kimbrough case:

By the end of yesterday's Supreme Court argument in Kimbrough v. U.S., two things seemed clear.  First, thousands of defendants charged with crack cocaine offenses will continue to face irrationally long sentences.  Second, the justices probably will move further down a path that will lead to the slow, painful death of the federal sentencing guidelines.

Also, this law.com coverage rightly highlights that Justice Scalia had the line of the day during the Kimbrough argument: "Indeed, it might be quite impossible to achieve uniformity through advisory guidelines, which is why Congress made them mandatory."

Wrap-up of recent blog coverage of Gall and Kimbrough:

October 3, 2007 at 09:39 AM | Permalink


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What shocks me the most is an administration arguing for a sentence to be reasonable it has to be within the guidelines yet their leader (Bush) just came out and said a 30 month sentence for a friend was unreasonable and to harsh. How do they get away with that? They insult every ones intelligent level

Posted by: | Oct 4, 2007 1:02:52 PM

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