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A quick thought on Judge Sotomayor's sentencing work in Cavera

By Douglas A. Berman

As I noted in this prior post, Judge Sotomayor is a unique Supreme Court nominee because she personally sentenced federal defendants as a federal district court judge and has also has personally experienced the entire Apprendi-Blakely-Booker-Gall change in federal sentencing as a federal circuit court judge.  Moreover, only six months ago, Judge Sotomayor had an opportunity to share her sentencing insight and wisdom through a notable separate opinion in US v. Cavera, No. 05-4591 (2d Cir. Dec. 4, 2008) (available here) (Sotomayor opinion starts at page 63 of pdf). I took the time last night to re-read Judge Sotomayor's separate opinion in Cavera.  For lots of reasons, Cavera is a very hard case that presents a lot of the toughest jurisprudential issues that the Supreme Court dodged in its Booker-Rita-Kimbrough-Gall discussion of advisory guideline sentencing and reasonableness review...continue to full post

Full post as published by Sentencing Law and Policy on May 27, 2009 (boomark / email).