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Booker/Fanfan Briefs Filed Today by Petitioner United States, by amici USSC and Senators Hatch, Kennedy and Feinstein

By Tom Lincoln

Briefs filed today in Booker and Fanfan: United States' brief in Booker and Fanfan, (via Sentencing Law and Policy); U.S. Sentencing Commission's amicus brief in Booker and Fanfan; and amicus brief by Senators Hatch, Kennedy and Feinstein which Professor Berman has posted at Sentencing Law and Policy. I can't comment yet on any of these, as I'm still digesting them. I am particularly interested in the severability argument from the government, although I will note that at least the amicus brief filed by the Senators keeps emphasising that the Sentencing Gudelines were intended to operate as an integrated whole. The Sentencing Commission focuses a lot on the differences between the Washington State statutory guidelines and the non-statutory federal guidelines hatched in that "independent" commission in the judiciary...continue to full post

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on September 01, 2004 (boomark / email).