Interesting morning reading

A few interesting newpaper articles on federal sentencing developments have my attention this morning. This article from the Oregonian reports on Judge Panner’s dramatic decision in US v. Detwiler (discussed here with commentary here). The article partially confirms my concern that the distinct separation of powers issue which is the focal point of the legal ruling in Detwiler will be conflated with the Sixth Amendment issue now before the Supreme Court in Booker and Fanfan.

And speaking of Booker and Fanfan, this commentary at Bloomberg News does a nice job integrating a few quotes from this Monday’s argument to explain what is before the High Court in these cases. I find notable that this commentary leads with the story of white-collar fraud offender Jamie Olis (whose case was briefly noted herehere, I think a particularized concern for punishing white-collar fraud offenders has been driving the Acting Solicitor General’s litigation strategy on the question of severability.

And speaking of white-collar fraud offenders, the Acting SG should be happy to see this article which details that at least one white-collar fraud offender won’t be getting a “sentencing windfall” because of Blakely. The article describes in interesting detail the sentencing of a former manager of the Greater Springfield Entrepreneurial Fund who pleaded guilty in March to theft, money laundering and other charges. The article notes that the defendant was given the chance to undo his plea in the wake of Blakely, but he chose not to.

And speaking of sentencing windfalls, did Baltimore Ravens football star Jamal Lewis get such a windfall by being able, as this article explains, to make a plea deal to serve only four months’ imprisonment on drug charges which could have led to the application of a 10-year mandatory minimum sentence?