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Major First Circuit ruling on post-Booker realities

By Douglas A. Berman

Thanks to AL&P, you can read a full summary here of the First Circuit's important post-Booker work from last Friday in US v. Martin, No. 06-1983 (1st Cir. Mar. 21, 2008) (available here).  Because I'm wrapped up with grading these days, I will have to be content just to quote Judge Selya's telling (and surprisingly readable) first paragraph from Martin:In Gall v. United States, 128 S. Ct. 586 (2007), the Supreme Court shed considerable light on the scope and extent of a district court's discretion under the now-advisory federal sentencing guidelines.  See id. at 598-602. This appeal represents our first full-fledged application of the teachings of Gall. At the same time, it also affords us an opportunity to discuss a relatively new phenomenon: the practice indulged in by some district courts, of filing post-judgment, post-appeal sentencing memoranda...continue to full post

Full post as published by Sentencing Law and Policy on March 24, 2008 (boomark / email).