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Criminal Law

: Sentencing Law and Policy

Seeking Sunday federal sentencing speculations

By Douglas A. Berman

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Amazingly, the five-year anniversary of the Supreme Court's blockbuster Blakely ruling is only a few months away.  And, even more amazingly, since the Supreme Court decided how it would apply Blakely to the federal system in Booker, the basic law and practice of the federal sentencing has been remarkably stable.  Despite lots and lots of predictions that Congress would respond to Blakely and Booker in all sorts of ways ? and also lots and lots of recommendations from various quarters about how Congress should respond to Blakely and Booker ? the post-Booker federal sentencing system has been largely free from significant congressional or executive changes. The story of post-Booker stability has lots of facets, but one part surely involves political instability in both Congress and the Department of Justice...continue to full post

Full post as published by Sentencing Law and Policy on March 22, 2009 (boomark / email).

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