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Criminal Law
: Sentencing Law and PolicyThough Booker did not help Booker, the reduced crack guidelines did
By Douglas A. Berman
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The significance of the US Sentencing Commission's decision to make its reduced crack guidelines retroactive has been usefully highlighted by a ruling today in favor of a defendant with a well-known name: Freddie Booker. As sentencing fans recall, though Booker won his Supreme Court case, he was sentencing again to the same 360-month term imprisonment at resentencing because the Booker remedy authorized sentence-enhancing judicial fact-finding as long as the guidelines were treated as advisory. But today, as reported here via an e-mail from a federal defender, Freddie finally go a sentencing break:
Although meager, and way too late, I am pleased to report that Freddie Joe Booker finally got at least a small amount of relief. Chief Judge Crabb in the Western District of Wisconsin today granted Freddie Booker's 3582 motion and reduced his 360-month sentence to 324 months (bottom of range two levels lower)...continue to full postFull post as published by Sentencing Law and Policy on January 26, 2009 (boomark / email).
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CA1: First tees up retroactivity issue
Kimbrough: Crack Guidelines Advisory Only
Links to H.R. 1528 (the Booker-Fix) Materials
Tenth Creates Circuit Split with Ninth over Applicability of Booker at 3582(c)(2) Resentencings









