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Practitioners' Advisory Group Proposal to USSC Makes the Most Sense

By Tom Lincoln

As we wait for the Supreme Court to decide Booker & Fanfan, we have competing proposals before the US Sentencing Commission. At the one end, is the idea of starting from a clean slate, an unlikely event.  At the other extreme is the idea of nullifying any decision applying Blakely to the federal guidelines, initially proposed by Professor Bowman in his submission to the Senate Judiciary Committee back in July, and now having apparently become DOJ's darling - to move the top of each offense level to the statutory maximum and thereby make ashes of Blakely's holding, ... maybe. The best proposal we have seen thus far comes from the Practitioners' Advisory Group, and it is a worthy read in that it is rather comprehensive and specific. One may argue about various aspects of this proposal, but it is the best we have seen to date...continue to full post

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on November 21, 2004 (boomark / email).