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Sentencing Law and Policy
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Anyone counting all the Booker remands and affirmances?

By Douglas Berman

The US Sentencing Commission, as documented by its latest data report, continues to do a great job tracking post-Booker sentencing outcomes in the district courts.  But, especially in light of the circuit split on plain error and all the recent circuit action (recent examples here and here and here), I am getting eager to see some post-Booker circuit data analysis.

Today’s happenings would add a lot more data, since I see:

  • a bunch of Crosby remands issued today and yesterday from the Second Circuit. See US v. Lewter, No. 04-2546 (2d Cir. Mar. 24, 2005) (available here) and US v. Adomako-Mensah, No. 04-1367 (2d Cir. Mar. 23, 2005); US v. Arbel, No. 04-2365 (2d Cir. Mar. 23, 2005); US v. Mosallem, No. 04-3771 (2d Cir. Mar. 23, 2005)(all listed in this list),
  • another three Booker remands from the Sixth Circuit, see US v. Moncivais, No. 02-1657 (6th Cir. Mar. 24, 2005) (available hereUS v. Jackson, No. 03-2493 (6th Cir. Mar. 24, 2005) (available hereUS v. Carter, No. 04-3330 (6th Cir. Mar. 24, 2005) (available here),
  • and two Booker/Paladino remands from the Seventh Circuit,  see US v. Spano, No. 03-1110 (7th Cir. Mar. 24, 2005) (available hereUS v. Melendez, No. 03-1659 (7th Cir. Mar. 24, 2005) (available here).