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Some post-Booker SCOTUS doings from a per curiam and a dissent

By Douglas A. Berman

I thought the biggest sentencing news to come from the Supreme Court today would be either the denial of cert in the Troy Davis case (details here from the AP) or the oral argument in the Oregon v. Ice Sixth Amendment case (background here).  But, thanks to this post from SCOTUSblog, I just discovered that the Court handed down a notable per curiam decision and Justice Scalia issued a significant dissent in cases involving post-Booker issues.  1.  The per curiam opinion in Moore v. United States (07-10689) is available at this link, and here are the important paragraphs from the end of the very brief opinion:Proceeding pro se, Moore again petitioned for certiorari, arguing that the Eighth Circuit?s new characterization of the transcript is wrong, and that it is ?clear that the district court thought judges had no discre[t]ion to reject? the Guidelines ratio...continue to full post

Full post as published by Sentencing Law and Policy on October 14, 2008 (boomark / email).