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The ABA on H.R. 1528

By Tom Lincoln

Here is the Position Paper of the American Bar Association Regarding Section 12 of HR 1528, which minces no words in tearing down the misleading statements put out by Representative Sensenbrenner's office.  Not only does it challenge the misleading nature of the statements, but it also points out that the result will be much litigation, and a likely finding down the road that this Booker-fix violates Booker. Hat tip to Sentencing Law and Policy in this post which also contains more links to additional voices rising in opposition to this unwarranted and ill-conceived quick-fix.

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on April 23, 2005 (boomark / email).