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The persistence of pre-Booker precedents in a post-Booker world

By Douglas A. Berman

The Sixth Circuit's work today in US v. Blue, No. 07-5296 (6th Cir. March 9, 2009) (available here), provides yet another example that, even years after the Bookerdecision, many sentencings and appeals march forward as if the pre-Booker world was still in place.  The Blue decision does not really break any new ground in rejecting an appeal of a district court's refusal to depart for substantial assistance absent a government motion for such a departure.  But the start of the panel's analysis provides an example of how hard it has been to get lawyers to fully inculcate the import and impact of Booker: We must begin by situating Blue?s appeal in the context of appellate review of sentencing post-Booker? a task that, regrettably, the parties did not undertake in their briefs...continue to full post

Full post as published by Sentencing Law and Policy on March 09, 2009 (boomark / email).