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Riding the Booker Rapids

By Douglas A. Berman

Yesterday, the First Circuit announced its decision in United States v. Russell, available here, a case that ?crystallizes the difficulties confronted by defendants - and district court judges - as they navigate the turbulent waters of Booker and its aftermath.? The court affirmed Antron Russell?s sentence of 180 months for distribution of crack cocaine.  Russell had already been sentenced three times in relation to this conviction, first for 235 months, prior to the Supreme Court?s decision in United States v. Booker, 151 months following Booker, and then 180 months after the First Circuit rejected the district court?s calculation of the variance in the second sentence.  On the third remand, the district court noted that it had substantial discretion to vary from the guideline sentence, considered various factors including the proposed crack cocaine guideline amendments, and imposed a 180-month sentence after explaining that it previously undervalued several aggravating factors...continue to full post

Full post as published by Sentencing Law and Policy on August 07, 2008 (boomark / email).