 Blakely, Booker/Fanfan & Other Sentencing
News
United
States Sentencing Commission Symposium On Alternatives To Incarceration;
from Federal Public Defenders (OR), June 2008 (pdf)
The US Sentencing Commission's Assessment of How Well the
Federal Criminal Justice System is Achieving the Goals of Sentencing
Reform warrants study. You
can view the Executive Summary and download the report here.
See also Crack / Powder
Coacaine in the News -- Read
More about Guideline Sentencing here.
The Media
Awareness Project (MAPInc) is archiving national press coverage
of Blakely/Booker/Fanfan at: www.mapinc.org/topics/federal+sentences
Sentencing News in the Media:
Attorney
General Holder’s Remarks From “Rethinking Federal Sentencing
Policy 25th Anniversary of the Sentencing Reform Act” Symposium;
from USDOJ (US), 6/24/09
2nd
Circuit Clarifies Consecutive Mandatory Minimum Sentencing;
from Law.com (US), 3/11/09
US Supreme Court: Guidelines Are Really, Truly
Advisory; from Sentencing Law and Policy, 1/29/09
Speech
By Robert C. "Bobby" Scott, Chairman, U.S. House Subcommittee
on Crime, Terrorism, and Homeland Security, 10/24/08
(pdf) - More Sentencing News
Column:
Whittling Away, But Leaving A Gap; from New York Times
(NY), 12/17/07
US Supreme Court
Rulings Give Judges More Discretion In Sentencing; from
World Socialist
Web Site (US), 12/15/07
Column:
The Harm of 'Get Tough' Policies; from Newsweek
(US), 12/14/07 - More Sentencing News
Justices
Widen Sentencing Powers of Federal Judges; from New
York Times (NY), 12/10/07
Supreme
Court: Judges Can Reduce Crack, Other Sentences; from
Associated Press (US), 12/10/07
Supreme
Court Weighs Arguments on Limits of Judicial Discretion in Sentencing;
from Drug
War Chronicle (US), 10/5/07
Justices
Say They Lean To Sentencing Leeway; from Los Angeles
Times (CA), 10/3/07
Justices
Take Up Discretion Of The Courts In Sentencing; from
New York Times (NY), 10/3/07
Iowan's Case
Before High Court Highlights Sentencing Shortcomings;
from Des Moines Register (IA), 10/1/07
Judges
Seek Leeway In Prison Sentences; from Los Angeles
Times (CA), 9/29/07
Federal
Sentencing: Not Guilty? Go To Jail; from National Law Journal (US), 9/10/07
Sentencing
Laws Debated; from Daily Press (VA), 7/1/07
Bush Seeks
To Re-Impose Mandatory Minimums; from Associated Press
(US), 6/13/07
Court
To Weigh Disparities In Cocaine Laws; from New York
Times (NY), 6/12/07
Early
U.S. Inmate-Release Rules Lead To Clash; from National
Law Journal (US), 5/21/07
Bill
Could Shorten Some Drug Dealers' Prison Time; from Washington
Post (DC), 5/8/07
Lighten
Crack Cocaine Sentences; from San Jose Mercury News
(CA), 5/2/07
Justices
Find California's Sentencing Law Flawed; from Los
Angeles Times (CA), 1/23/07
Supreme
Court's Striking Down Of California Sentencing Law Could Mean
Shorter Prison Sentences; from Associated Press
(US), 1/22/07
Sentencing:
US Supreme Court to Try to Clean Up Post-Booker Ruling Issues;
from Drug War Chronicle (US), 11/10/06
Supreme
Court To Revisit Federal Sentencing Issues; from New
York Times (NY), 11/4/06
Court
Ruling May Affect Crack Cases; from Philadelphia Inquirer
(PA), 9/14/06
Editorial:
Discretion Where It Belongs; from Milwaukee Journal
Sentinel (WI), 3/29/06
Despite
Supreme Court Ruling Throwing Out Federal Sentencing Guidelines,
Federal Drug Sentences Keep Getting Longer; from Drug
War Chronicle (US), 3/24/06
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Sentencing Resources:
Sentencing Resource Page; from
US Office of
Defender Services
Deconstructing the Guidelines; a special
project from National Federal Defender Sentencing Resource
Counsel, 2008
Federal
Sentencing Study Profile Index; by Professor David
Zlotnick, Roger Williams University School of Law
Federal Sentencing Study; by Professor
David Zlotnick, Roger
Williams University School of Law, August 2007
Sentencing
Laws Debated; from Daily Press (VA), 7/1/07 --
More Blakely/Booker & Sentencing
News
The Real (Sentencing) World: State Sentencing
in the Post-Blakely Era, by Doug Berman; from Ohio
State Journal Of Criminal Law (PDF Format)
Series
Of Articles On Booker Written From A Prosecutorial Perspective;
from US Dept. of Justice (PDF Format)
Cracks In The System; 20 Years Of The Unjust
Federal Crack Cocaine Law; from ACLU, 10/26/2006 (PDF Format)
The
Power of Bureaucracy in the Response to Blakely and Booker;
from Wake Forest University Legal Studies, Feb 2006
Booker,
Blakely & Fanfan Sentencing Materials;
from The United
States Sentencing Commission
A Layman's Guide To Booker;
from The Doing Time Times, Spring 2005 &
Federal Defender Services Of Wisconsin, Inc. (PDF Format)
Report: Beyond
Blakely: Implications of the Booker Decision for State Sentencing
Systems; from The
Vera Institute for Justice (PDF Format)
All Sides Wary Of Sentencing
Ruling; An ABA Journal E-Report, from the American
Bar Association (US), 1-14-05
From the U.S. House Judiciary Committee: Oversight
Hearing on "The Implications of the Booker/Fanfan
Decisions for the Federal Sentencing Guidelines",
February 10, 2005. Witnesses' testimony, and Chairman's opening
statement linked at this official site. Full transcript
likely coming soon.
Doug Berman, an Ohio State University law professor, has been
chronicling the aftermath of Blakely on his Web site at:
sentencing.typepad.com/sentencing
_law_and_policy (The media refers to Berman as the "Go-To"
source for Blakely issues.)
The Law Offices of Alan Ellis have made available their Analysis of Blakely/Booker/Fanfan issues.
(PDF Format)
Blakely/Booker/Fanfan Analysis
from David Beneman, Esq., Maine CJA Resource Counsel
Further Blakely resources are available from
Families Against Mandatory Minimums (FAMM).
Read the National Association of Criminal Defense
Attorney's (NACDL) resource list on Blakely.
FindLaw is a comprehensive source for all legal questions
on state and federal laws, including analysis of the Blakely
decision, at http://www.findlaw.com.
Trial Attorney Daniel Horowitz offers a concise
analysis of Blakely v. Washington on his professional
web site (about two-thirds down the page).
Punch
and Jurists, Ltd. offers a very comprehensive Bulletin
Board of Blakely Analysis and Commentary at: www.ussguide.com/members/
BulletinBoard/Blakely/Index.cfm
Columbia University law student Jason Hernandez' maintains
a Blakely Blog at: blakelyblog.blogspot.com
The Blakely archives at the progressive criminal justice
web site TalkLeft can be found at:
www.talkleft.com
SCOTUSblog,
run by Washington law firm Goldstein & Howe, posts news articles
and analysis of Supreme Court rulings (including Blakely)
on the firm's Web site.
Read drug war prisoner Gary Callahan's analysis
of Apprendi v. New Jersey from The Razor Wire,
Spring 2004 issue.
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Data
Show More Variety In Sentencing; from Des Moines Register
(IA), 3/19/06
Thousands
of Federal Cases Kept Secret; from Associated Press
(NC), 3/5/06
Cracks
Exist In Drug Sentencing; from Worcester Telegram
& Gazette (MA), 2/18/06
Judge Says
Sentences Are Proper; from The Republican (MA), 1/209/06
Judges
Show More Leniency On Crack Cocaine; from Wall Street
Journal (US), 1/12/06
In the Wake
of Booker, Some Small Relief for a Small Fraction of Federal
Crack Cocaine Offenders; from Drug War Chronicle (US), 1/13/06
Prison Term
Of 55 Years For Drugs Is Upheld; from New York Times
(NY), 1/11/06
Prisoner Of The Status Quo;
from Providence Phoenix (RI), 11/23/05
Judge Rails Against Drug
Sentencing; from Providence Journal (RI), 11/20/05
11th Circuit Still Cool to 'Booker';
from Daily Business Review (US), 7/19/05
9th Circuit: Sentencing Laws Not
Retroactive; from Law.com (US Web), 7/13/05
Lawmaker Prods Court, Raises
Brows; from The Chicago Tribune (IL), 7/10/05
Ex-Prosecutors Criticize Sentencing
In Utah Case; from The Oklahoman (OK), 6/26/05
High Court Declines To Consider Sentencing
Guidelines Case; from The Associated Press (US), 6/20/05
Mandatory Sentence Struggle Far
From Over; from The Forum (ND), 6/23/05
Editorial: One-Size-For-All Sentencing
A Bad Fit For Justice; from The Athens Banner-Herald
(GA). 6/23/05
High Court Declines To Clarify Sentencing-Guideline
Decision; from The Wall Street Journal (US), 6/21/05
Editorial: Gangbusters And Court-Busters;
from Daytona Beach News-Journal (FL), 5916/05
Congress Rekindles Battle on
Mandatory Sentences; from The New York Times (NY),
5/11/05
Court Rules Sentences Can Be
Challenged; from The Los Angeles Times (CA), 6/2/05
Fanfan Resentenced to 200 Months;
From David Beneman, Maine CJA Resource Counsel, 5/24/05
Nora Callahan discusses Blakely/Booker on Cultural Baggage: part of The DrugTruth
Network - January 25, 2005 episode (Mp3
Format - RealPlayer
Format)
More Blakely News
U.S. High Court Ruling on Jury's
Role in Sentencing Does Not Apply Retroactively, Court of Appeal
Rules; from Metropolitan News-Enterprise (CA), 4/18/05
Politics Of Punishment; from
The Daily Progress (VA), 3/22/05
Decision Rocked Judiciary,
Renewed Debate On Drug War; from The Daily Progress (VA),
3/20/05
High Court Says Judges Can't Use Unproven
Reports To Add Jail Time; from Associated Press (US),
3/8/05
Sentencing Guidelines Decision Not
Retroactive; from Lawyers Weekly (US), 3/2/05
Congress Must Fix Inequitable Drug
Sentences; from The Lexington Herald-Leader (KY), 2/14/05
McDade Sentencing Below Guidelines;
from The Peoria Journal Star (IL), 2/12/05
Open Up, Your Honor; from The
Washington Post (DC), 2/13/05
Sweeping Review Of Sentences
Ordered; from The Los Angeles Times (CA), 2/10/05
ACLU Welcomes Congressional Review
of Sentencing Guidelines; ACLU News Release (US), 2/10/05
Court Offers Chance Of Sentence
Reform; from The Seattle Post-Intelligencer (WA), 2/8/05
A Crack in the Wall; from
RealChangeNews.org (US Web), 2/2/05
Put The Jury Back In The Jury System;
from The Wisconsin State Journal (WI), 1/29/05
Sentencing Ruling Sows Confusion
In Federal Courts; from The Spokesman-Review (WA), 1/28/05
High Court Orders Review Of Sentencings;
from The Associated Press (Wire), 1/24/05
Let Judges Use Judgment; from
The Washington Times (DC), 1/23/05
Sentencing and Sensibility; from
The New York Times, 1/21/05
Shining Light In Sentencing Debate;
from The Denver Post (CO), 1/21/05
Thanks To High Court, Drug Defendant
Gets 2nd Chance; from The Buffalo News (NY), 1/20/05
Sound Judgments; from The
Boston Globe (MA), 1/18/05
Judges' New Leeway In Passing Sentence
May Change Little; from The New York Times (NY), 1/18/05
Prima Donnas In Robes; from
The Los Angeles Times (CA), 1/17/05
Column: When Congress Plays
Judge; from The San Francisco Chronicle (CA), 1-16-05
Editorial: Allow Federal Judges
Discretion In Sentencing; from The Des Moines Register
(IA), 1/15/05
Column: Court Deepens Sentencing
Doubts; from The St. Paul Pioneer Press (MN), 1-14-05
Martha Stewart Worries About 'Depressed'
Inmates; from The Wall Street Journal (US), 1/14/05
Supreme Court Overturns Federal
Sentencing Guidelines; rfrom Democracy Now! (US Web),
1/14/05
Editorial: Make No Mistake; from
The Drug War Chronicle (US Web), 1/14/05
Editorial: The Court On Sentencing;
from The Washington Post (DC), 1/14/05
New Sentencing Battle Looms After
Court Decision; from The Wall Street Journal (US), 1/14/05
Editorial: Judicious Leeway;
from The Boston Globe (MA), 1/14/05
Justices' Revision Of Sentencing
Rules Affects Thousands; from The San Jose Mercury News
(CA), 1/13/05
High Court Declares Guidelines On
Sentencing Violate Rights; from The Wall Street Journal (US),
1/13/05
Court Gives Judges Greater Sentencing
Flexibility; from The Los Angeles Times (CA), 1-13-05
Legal Experts Debate Court Decision's
Effect On Federal System; from The Washington Post (DC),
1-13-05
Supreme Court Transforms Use Of
Sentence Guidelines; from The New York Times (NY), 1-13-05
High Court: Federal Sentencing System
Wrongly Applied; from The Associated Press (US), 1-12-05
U.S. Sentencing Guidelines
Made Advisory by Court; from Bloomberg.com (US Web), 1-12-05
Rehnquist's Health 'Big Story'
For Court; from The Washington Times (DC), 1/10/05
In Wake Of Ruling, Disarray Plagues
Federal Sentencing; from The Wall Street Journal (US),
12/28/04
OPED: Fix Sentencing Guidelines;
from The Atlanta Journal-Constitution (GA), 12/16/04
In Final Sitting, No 'Blakely'-Related
Decision From High Court; from The Legal Times (US Web),
12/13/04
Sentencing Guidelines On Trial;
from The Philadelphia Inquirer (PA), 12/12/04
Mandatory Madness; from The
Washington Post (DC), 12/7/04
Lawyers Work On Sentence Changes;
from The Spokesman-Review (WA), 12/4/04
Imperfect Measure; from The Wall
Street Journal (US), 12/2/04
Free Clarence Aaron; from
The San Francisco Chronicle (CA), 11/28/04
Bench Pressed: When The Judge's
Hands Are Tied; from Slate.msn.com (US Web), 11/23/04
Sentencing Plan In Works; from The
Associated Press (US), 11/21/04
Justices Show Inclination to
Scrap Sentencing Rules; from The New York Times, 10/5/04
Supreme Court Mulls Changing Sentencing
Rules; from The Wall Street Journal (US), 10/5/04
Mandatory Sentences Loom as Issue;
from The Wall Street Journal (US), 9/30/04
One-Size-Fits-All Sentences Create
Judicial Muddle; from The Dodge City Daily Globe (KS),
9/28/04
Reasonable Doubts: How Judges Punish
Defendants for Offenses Unproved in Court; from The Wall Street
Journal (US), 9/20/04
Court Can't Fix Sentencing
Law; from The Spokesman-Review (WA), 9/18/04
Sentencing Guidelines Revisited;
from The Salem Statesman-Journal (OR), 9/9/04
Long Term In Drug Case Fuels
Debate On Sentencing; from The New York Times (NY), 9/12/04
When - If Ever - Can Facts Found
By Judges Lengthen Criminal Sentences? from FindLaw.com
(US Web), 9/7/04
Defendant Satisfied With Sentence;
from The South Bend Tribune (IN), 9/1/04
Federal Magistrate In W.Va.
Puts Sentencing Motions On Hold; from The Daily Press
(VA), 8/20/14
Drug Seller's High Court Case Tests
Judges' Power; from The Wisconsin State Journal (WI),
8/15/04
Federal Sentences Get Closer Scrutiny;
from The Arkansas Democrat-Gazette, 8/13/04
Court Rescinds Threat to Hold
Pay for 'Blakely'; from www.Law.com (US Web), 8/12/04
Reprieve on Sentencing Guidelines?
from The CATO Institute (US - Web), 8/12/04
Trial By Jury; from The San
Francisco Chronicle (CA), 8/10/04
Let Judges Do Their Job; from
The Philadelphia Inquirer (PA), 8/9/04
Ruling Could Allow Longer Sentences
To Be Challenged; from The St. Paul Pioneer Press (MN),
8/7/04
Justices To Sort Out Clash On Sentencing;
from The San Jose Mercury News (CA), 8/3/04
Supreme Court To Consider Constitutionality
Of Sentencing Guidelines; from The Wall Street Journal
(US), 8/3/04
Justices Agree to Consider Sentencing;
from The New York Times (NY), 8/3/04
High Court to Act Soon on Sentencing;
from The Los Angeles Times (CA), 8/3/04
U.S. Sentencing Guidelines
Draw Supreme Court Review; from Bloomberg News (US), 8/2/04
Supreme Court to Settle Sentencing
Rules; from The Associated Press (US), 8/2/04
Proceed With Caution; from The
National Law Journal (US), 7/26/04
Criminal Sentencing Takes
Guesswork; from The Oklahoman (OK), 7/26/04
Federal Panel's Decision May Alter
Sentencing Guidelines; from The Associated Press (US),
7/24/04
Court Backpedals On Ignoring
Federal Sentencing Guides; from The Knoxville News-Sentinel
(TN), 7/21/04
Federal Judge in Miami Rules
Sentencing Guidelines Unconstitutional; from The Miami Daily
Business Review (FL)
Ruling Causes Uncertainty in
Sentencing; from The Los Angeles Times (CA), 7/22/04
Senators Press Court to Resolve
Sentencing Rift; from The Wall Street Journal (US), 7/22/04
Supreme Court Asked to Rule on
Sentences; from The Miami Herald (FL), 7/21/04
Justice Department Seeks Court Ruling
To Restore Sentencing; from The Wall Street Journal (US),
7/21/04
Law Professor's Web Log Is Jurists'
Must-Read; from The Wall Street Journal (US), 7/19/04
Reading Between The Sentences;
from Newsweek Magazine (US), 7/18/04
In the Wake of Blakely: Senate
Committee Hearing Seeks Sentencing Fix, 2nd Circuit Seeks Quick
Supreme Court Hearing; from The Drug War Chronicle (US
Web), 7/16/04
Judge Tests Limits Of New
Federal Sentencing Plan; from The Knoxville News-Sentinel
(TN), 7/15/04
Supreme Court Cleanup in Aisle
4; from Slate.msn.com (US Web), 7/16/04
No-Good Lazy Justices; from Slate.msn.com
(US Web), 7/15/04
Editorial: A Supreme Mess; from
The Washington Post (DC), 7/15/04
Judges Differ On Supreme Court Sentencing
Case; The Associated Press (US), 7/14/04
Legal Quagmire: High Court Ruling
Unleashes Chaos Over Sentencing; from The Wall Street Journal
(US), 7/14/04
Confusion Rules In Federal Courts;
from The Tampa Tribune (FL), 7/12/04
Sentencing Guidelines In Question;
from The Advocate (LA), 7/11/04
In The Wake Of Blakely:
Federal Sentencing Chaos As Defense Attorneys, Prosecutors, Lawmakers
Ponder How To Respond, from The Drug War Chronicle (US
Web), 7/9/04
Sentence Ruling Prompts Memo To Prosecutors;
from The Wall Street Journal (US), 7/7/04
Sentencing Ruling Stirs S.C. Hope;
from The Post and Courier (Charleston, SC), 7/6/04
Ruling Throws Federal Sentencing
Into Chaos; from The Charlotte Observer (NC), 7/3/04
20-Year Drug Sentence Tossed
Over Supreme Court Ruling; from The Charleston Gazette
(WV), 7/1/04
Utah Judge Rejects U.S. Sentencing
Rules; from The Associated Press, 7/1/04
Supreme Court Ruling Portends
Massive Changes in Federal Sentencing; from The Drug War Chronicle
(US Web)
Lawyer Invokes Sentencing
Ruling; from The Chicago Tribune (IL), 7/2/04
Sentencing Ruling Delays Hearings;
from The Charleston Gazette (WV), 6/30/04
Juries Get Their Day in Court;
from The Christian Science Monitor (US), 6/28/04
Sentencing Decision's Reach
Is Far And Wide; from The New York Times (NY), 6-27-04
Thousands Of Cases In Doubt
After Decision On Sentencing; from The Los Angeles Times
(CA), 6-26-04
Ruling Puts Limits On Scope Of Judge's
Sentencing Powers; from The Wall Street Journal (US),
6/25/04
Only Juries Can Give Criminals
More Time; from The Spokesman-Review (WA), 6/25/04
Justices, In 5-4 Vote, Raise
Doubts On Sentencing Rules; from The New York Times (NY),
6/25/04
Court Limits Judges On Resentencing;
from The Philadelphia Inquirer (PA), 6/25/04
High-Court Ruling Creates Turmoil
Over Sentencing; from The Seattle Times (WA), 6/25/04
Jury Role In Raising Sentences
Affirmed Ruling May Affect States' Procedures; from The Washington
Post (DC), 6/25/04
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