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More on BOP gearing up for Booker and Fanfan

December 6, 2004

I have received a lot of terrific feedback from many quarters to this post inquiring about efforts inside federal prisons to gear up for a decision in Booker and Fanfan.  The feedback has all essentially confirmed that the Bureau of Prisons has encouraged each of its 100-plus institutions to take appropriate steps to inform prisoners about the outcome in Booker and Fanfan (whenever that happens) and to make the opinion and other legal materials available as part of a broader effort to ensure open communication at this dynamic time in federal sentencing.

In the course of my discussions of these matters, I was reminded of the riots that took place in more than a few federal facilities in October 1995 after Congress rejected the US Sentencing Commission’s recommendation to lower crack cocaine penalties, which forced the US Department of Justice declared a lockdown at federal prisons nationwide.  Whatever the outcome in Booker and Fanfan, I sincerely hope the reaction is calm and orderly everywhere.