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The persistent problems with fast-track disparity after Booker and Kimbrough

By Douglas A. Berman

One (of many) persistent post-Booker jurisprudence hot-spots concerns whether defendants who are not within so-called "fast-track" districts should be eligible for comparable early plea reductions when their cases are factually similar to those who get the benefit of such reductions in "fast-track" districts.  Before Kimbrough, the circuits had generally ruled that district court's lack discretion to provide such reductions without the blessing of the government.  After Kimbrough, this issue has divided the circuits.  As evidenced by a recent district court opinion sent my way be a helpful reader, at least one district judge seems eager to have this issue reviewed with greater focus in light of current jurisprudential and fast-track realities...continue to full post

Full post as published by Sentencing Law and Policy on February 11, 2009 (boomark / email).