The 7th Circuit speaks!!

Per Judge Posner, with Judge Easterbrook dissenting, here is the opinion in US v. Booker. WOW, WOW, WOW!

UPDATE: I have just finished Judge Posner’s (unsurprisingly brilliant) opinion for the majority in Booker. Here’s his helpful concluding paragraph:

To summarize: (1) The application of the guidelines in this case violated the Sixth Amendment as interpreted in Blakely; (2) in cases where there are no enhancements—that is, no factual findings by the judge increasing the sentence—there is no constitutional violation in applying the guidelines unless the guidelines are invalid in their entirety; (3) we do not decide the severability of the guidelines, and so that is an issue for consideration on remand should it be made an issue by the parties; (4) if the guidelines are severable, the judge can use a sentencing jury; if not, he can choose any sentence between 10 years and life and in making the latter determination he is free to draw on the guidelines for recommendations as he sees fit; (5) as a matter of prudence, the judge should in any event select a nonguidelines alternative sentence.

And now I’ve just finished Judge Easterbrook’s (unsurprisingly brilliant and also cheeky) opinion in dissent. Here’s his telling final paragraph:

Today’s decision will discombobulate the whole criminal-law docket. I trust that our superiors will have something to say about this. Soon.