Search Results for Booker

...Michael H. Marcus © The Ohio State University Post-Booker Sentencing Issues for a Post-Booker Court Apprendi,1 Blakely,2 and Booker3 represent a foray into sentencing practices long immune from constitutional scrutiny. In 1949 Williams v. New York invoked the medical model of penology...

...Jason Hernandez © The Ohio State University Presumptions of Reasonableness for Guideline Sentences after Booker JASON HERNANDEZ Associate, Kirkland & Ellis LLP, Washington, D.C Creator of The Blakely Blog. Since the Supreme Court decided United States v. Booker over one year ago,1 federal...

...Anne E. Blanchard; Sarah G. Gannett © The Ohio State University Fifth Amendment Protections at Sentencing: The Next Logical Step after Booker ANNE E. BLANCHARD Sentencing Resource Counsel SARAH S. GANNETT Staff Attorney, Federal Defender (D. Md.) In recent years, the Supreme Court has...

...Jonathan J. Wroblewski Abstract When the Supreme Court issued its decision in Booker v. United States , many believed it would lead to fundamental reform of the Federal Sentencing Guidelines. Others, by contrast, believed that Booker was the “fix.” Before the decision, federal sentencing...

...Hon. Lynn Adelman Abstract This article contends that the principal deficiency of the United States Sentencing Guidelines is that they are too harsh. The author argues that, by making the Guidelines advisory instead of mandatory, Booker enabled judges to alleviate this problem and that it therefore...

...Robert C. “Bobby” Scott © The Ohio State University Booker Is the Fix Originally published in Vol. 24, No. 5 (2012) of Federal Sentencing Reporter ROBERT C. BOBBY SCOTT Ranking Member, Subcommittee on Crime, Terrorism, and Homeland Security, U.S. House Judiciary Committee The House Committee...

...Lynn Adelman; Jon Deitrich © The Ohio State University Disparity: Not a Reason to Fix Booker Originally published in Vol. 18, No. 3 (2006) of Federal Sentencing Reporter A year has passed since the Supreme Court decided Booker and, according to the Sentencing Commission s data, little has...

...Sonja Starr © The Ohio State University Did Booker Increase Disparity? Why the Evidence Is Unpersuasive Originally published in Vol. 25, No. 5 (2013) of Federal Sentencing Reporter SONJA STARR* Assistant Professor, University of Michigan Law School The Sentencing Commission s recent report...

...Dan Aaron Polster © The Ohio State University Does the Booker Emperor Have Any Clothes? HONORABLE DAN AARON POLSTER* United States District Judge, Northern District of Ohio The Supreme Court s hybrid 5 4 decisions in United States v. Booker, 543 U.S. 220 (2005), may have escaped extended...

...U.S. Sentencing Commission © The Ohio State University Latest Post-Booker Sentencing Data from US Sentencing Commission Table 1 NATIONAL COMPARISON OF SENTENCE IMPOSED AND POSITION RELATIVE TO THE GUIDELINE RANGE1 3rd Quarter 2008 Preliminary Cumulative Data (October 1, 2007, through June 30...

... in United States v. Booker . It was Judge Weinstein’s practice to publish a statement of reasons for each sentence he imposed, and the article relies on these statements of reason – as well as articles and speeches published by the Judge – to demonstrate how he attempted to ensure that each defendant before...

...Douglas A. Berman © The Ohio State University EDITOR S OBSERVATIONS Now What? The Post-Booker Challenge for Congress and the Sentencing Commission DOUGLAS A. BERMAN FSR Editor and William B. Saxbe Designated Professor of Law at The Ohio State University Moritz College of Law Right after...

...Lynn Adelman; Jon Deitrich © The Ohio State University Disparity: Not a Reason to Fix Booker LYNN ADELMAN United States District Court Judge for the Eastern District of Wisconsin JON DEITRICH Law Clerk, Judge Lynn Adelman, Eastern District of Wisconsin A year has passed since the Supreme...

...Carissa Byrne Hessick © The Ohio State University Prioritizing Policy Before Practice After Booker What should Congress and the U.S. Sentencing Commission do in the wake of the Supreme Court s decision in United States v. Booker?1 They should lead a public discussion to reevaluate the wisdom...

...Adam Lamparello © The Ohio State University The Unreasonableness of Reasonableness Review: Assessing Appellate Sentencing Jurisprudence after Booker ADAM LAMPARELLO B.A., 1997, University of Southern California; J.D., 2001, Ohio State University; Master of Laws Candidate, New York University...

...>United States Sentencing Commission © The Ohio State University Report on the Impact of United States v. Booker on Federal Sentencing UNITED STATES SENTENCING COMMISSION Executive Summary Pages iv to ix March 2006 Executive Summary A. INTRODUCTION This report assesses the impact of United...

...Judge Paul Cassell © The Ohio State University Written Testimony of Judge Cassell at the Booker hearing before the House Judiciary Committee s Subcommittee on Crime, Terrorism, and Homeland Security U.S. DISTRICT JUDGE PAUL CASSEL Statement on Behalf of the Judicial Conference of the United...

... © The Ohio State University Symposium Judicial Discretion: A Look Forward and a Look Back Five Years After Booker Panelists: Paul G. Cassell, Ronald N. Boyce Presidential Professor of Criminal Law at the S.J. Quinney College of Law of the University of Utah; William K. Sessions III, Chief...

... © The Ohio State University Demographic Differences in Federal Sentencing Practices: An Update of the Booker Report s Multivariate RegressionDEMOGRAPHIC DIFFERENCES IN FEDERAL SENTENCING PRACTICES:Analysis* I. INTRODUCTION In 2006, the United States Sentencing Commission1 undertook a review...

...Jelani Jefferson Exum; Paul J. Hofer, J.D. Ph.D. © The Ohio State University A Booker Effect? EDITORS OBSERVATIONS JELANI JEFFERSON EXUM Professor, University of Toledo College of Law PAUL J. HOFER, J.D. Ph.D. Policy Analyst, Sentencing Resource Counsel Project The United States Supreme Court...