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"Appellate Discretion and Sentencing after Booker"

By Douglas A. Berman

The title of this post is the title of this article by Lindsey Harrison now appearing on SSRN. Here is the abstract: When the Supreme Court in United States v. Booker rendered the United States Sentencing Guidelines advisory, most analysts initially predicted that federal sentencing would be invigorated by a "surge of judicial discretion."  Many defense attorneys and members of the news media hailed the decision a victory for criminal defendants, while others celebrated Booker for its emancipation of district court judges from the tyranny of the Guidelines.  Less explored in Booker's immediate aftermatch was how the decision would affect the courts of appeals' review of district court sentencing decisions.  What has resulted is primarily confusion about the role of the appellate courts in reviewing sentences...continue to full post

Full post as published by Sentencing Law and Policy on June 24, 2008 (boomark / email).