Review of post-Booker world in NYLJ
In today’s New York Law Journal, Alan Vinegrad and Douglas Bloom have a column discussing the state of the federal sentencing world a year after Booker. Though I believe a subscription is needed to get the full text from here, I can provide their introduction:
On Jan. 12, 2005, the Supreme Court issued its landmark decision in United States v. Booker. While many predicted that the Court would hold that the federal Sentencing Guidelines violated the Sixth Amendment, few predicted the course the Court would take in establishing a remedy.
It has been a year since Justice John Paul Stevens declared the guidelines unconstitutional in one majority opinion and Justice Stephen Breyer rendered them “advisory” in another. In that time, Booker has changed the federal sentencing landscape, with a notable increase in below-the-range sentences. At the same time, however, sentencing procedure has remained largely unchanged.
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