More potent criticisms of H.R. 1528
The rapid movement of H.R. 1528, the drug sentencing bill which includes the Booker fix provisions (basics here, commentary here and linked here), through the House Subcommittee on Crime, Terrorism, and Homeland Security has perhaps made it hard for all those concerned with federal sentencing to speak up about the bill. But, in addition to Professor Frank Bowman’s letter dissecting and assailing the Booker-inspired provisions of H.R. 1528 (Section 12), which is available here, others are starting to weigh in with criticisms of the bill.
FAMM has this new information about the H.R. 1528 and all of its disconcerting sentencing provisions, and TalkLeft now has this extended post focused on the drug sentencing components of H.R. 1528. In addition, Jim Felman has given me permission to post the text of an e-mail he sent to the House staff which astutuely analyzes and critiques the Booker fix provisions of H.R. 1528. (I put the text in a separate document which can be downloaded below.)
As it explains here, FAMM expects the full House Judiciary Committee to vote on H.R. 1528 as early as next week, and thus there is no time to waste for folks eager to weigh in on this bill. I am hoping the US Sentencing Commission, as well as members of the judiciary, will be able to share their views ASAP about this bill. Indeed, I think the Justice Department also ought to have some official position on the Booker fix provisions, which I suspect has some terms that even federal prosecutors won’t like.