Another district court weighs in on Booker

Like Judge Pratt’s potent Myers opinion which took a few days to appear on-line, only just today have I seen the thoughtful discussion of Booker by US District Judge Robert Sweet in US v. West, 2005 WL 180930 (S.D.N.Y. Jan 27, 2005).  In West, Judge Sweet begins with this account of the somewhat divergent district court approaches to Booker:

Certain district courts imposing sentences in the wake of Booker have concluded that the Guidelines should remain the dominant or even determinative factor in sentencing analysis. [Citing Barkley and Wilson.]  Under 18 U.S.C. § 3553(a), however, the sentencing court is required to consider a host of individual variables and characteristics excluded from those calculations called for by the Guidelines. [Citing Ranum and Jones.]

Interestingly, in West, after a thorough review of the applicable guideline calculations and a distinct review of the factors of 18 U.S.C. § 3553(a), Judge Sweet ultimately imposes a sentence of 60 months’ imprisonment in a wire fraud case, which falls within the calculated 57-71 month (advisory) guideline range.  (Also of interest, in a footnote Judge Sweet suggests Blakely/Booker precludes him from setting an order of restitution greater than the amount admitted by West in his guilty plea.)