A Cagey view of Booker

Though the Supreme Court’s work dominated the sentencing talk yesterday, I want to make sure a great Booker opinion from late last week gets its due.  As briefly discussed here, the Tenth Circuit in US v. Cage, No. 05-2079 (10th Cir. June 8, 2006) (available here), does some very interesting and thoughtful work on post-Booker sentencing and reasonableness review.  Trying to make sense of the dueling opinions in Booker, the Cage court provides what might be described as a civic republican defense of the opinion. 

Cage is definitely worth a close read (or second read) for all Booker fans.  The same also goes for the Sixth Circuit’s recent great work in Buchanan (discussed here and here), and also the Ninth Circuit (apparently controversial) work in Zavala (discussed here).  Now we just need a circuit to issue a great decision in a case that starts with “A” so I can talk about the A, B, C to… Z of post-Booker rulings.