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Criminal Law

: Sentencing Law and Policy

Though 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 post

Full post as published by Sentencing Law and Policy on January 26, 2009 (boomark / email).

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