The judges speak out against HR 1528
In the interregnum between Blakely and Booker, I pondered in this post whether federal judges would engage in the policy debate after Booker. Providing an answer is a letter written by Judge Sim Lake, Chair of the Criminal Law Committee of the US Judicial Conference, addressed to James Sensenbrenner, Chairman of the House Judiciary Committee, expressing opposition to H.R. 1528, the drug sentencing bill with the tacked-on Booker fix provisions. (Prior discussion and lots of commentary on this bill can be found at links here and here, and details about other letters in opposition to H.R. 1528 are discussed here and here.)
Here are some passages from the start of the letter, which can be downloaded below:
I write to express the views of the Judicial Conference of the United States with regard to H.R. 1528…. The judiciary is firmly committed to a sentencing guideline system that ensures adequate deterrence of criminal conduct and protects the public from further crimes by convicted criminals, but is also fair, workable, transparent, predictable, and flexible. We believe that an advisory guideline system can achieve all of these goals, and the sentencing data since Booker supports this belief.
According to the Sentencing Commission’s most recent data, the number of sentences within the guideline range has remained fairly constant since Booker was decided and corresponds to historical sentencing practices. This is consistent with the experience of state court advisory guideline systems where most sentences fall within guideline ranges. Moreover, in the reported post-Booker decisions in which courts have imposed sentences outside the advisory guideline range, judges have explained why such sentences were appropriate….
The judiciary is very concerned that the sentencing provisions of Section 12 of H.R. 1528 were included without supporting data or consultation with the judiciary. Because there is no demonstrable need to consider possible legislative responses to Booker at this time, and because, as explained below, Section 12 does not represent a sound alternative to the present advisory guideline system, the Judicial Conference strongly opposes this proposal.
The letter goes on to criticize various particular provisions of H.R. 1528, and concludes with this interesting information about an event not to be missed:
The Committee, along with the Federal Judicial Center and the Sentencing Commission, is sponsoring a National Sentencing Policy Institute in Washington, D.C., on July 11-13, 2005. The purpose of the institute is to bring together over 100 judges, congressional staff, and Department of Justice officials with the members of the Committee and the Sentencing Commission (1) to discuss potential policy and practical issues arising from the Booker decision and (2) to provide feedback on these issues to the Committee and the Commission. We intend to invite the leadership of both the House and Senate Judiciary Committees and their staffs to attend the institute and actively participate. We hope you will be able to join us.