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Sentencing Law and Policy
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Helpful commentary and analysis on recent circuit action

By Douglas Berman

As is evidenced by all the posts with numbers in the title recently, the circuits have been a bit Booker manic this week (consider just yesterday’s round-up here).  I am trying to sift the Booker wheat from the chaff (for fear of getting e-mail complaints), but my eye likely sees too much wheat in all things Booker.  Helpfully, the folks running the federal defender websites (assembled here) do a better job than me in spotlighting the really significant cases in the circuits.  So:

  • The Second Circuit Blog has a post on Doe here, the case in which the Second Circuit declared a sentence unreasonable under Booker (discussed here).
  • The Sixth Circuit Blog has a post on Webb here, the case in which the Sixth Circuit expounded at length about reasonableness under Booker in the course of affirming a sentence (discussed here).
  • The Seventh Circuit Blog has a post on Newsom here, the case in which the Seventh Circuit had some interesting dicta comments (discussed here).
  • The Defense Newsletter blog (which covers the 11th Circuit) has a post on Orundo-Mireles here, the case in which the Eleventh Circuit affirmed a sentence over objections to enhancements based on criminal history (discussed here).