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The costs of delay

December 8, 2004

I am sure federal prisoners throughout the country are disappointed that we did not get a sentencing decision from the Supreme Court today, especially since, as noted here and here, the federal prisons have been systematically been gearing up for the opinion.  But I also have to think that federal prosecutors and defense attorneys, not to mention federal court judges, are also very ready to know more about the future of the federal sentencing system. 

With all the extra time I now have, I went back and re-read this post from July in which I excerpted quotes from the Acting Solicitor General’s Supreme Court filings urging the Court to grant cert. in Booker and Fanfan and to schedule oral arguments in September.  All the quotes are amazing to re-read, and they reinforce my belief that the Court should, and likely still will, give us a decision before the end of this year.