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Sentencing Law and Policy
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FSR Issue on Claiborne and Rita

By Douglas Berman

I have finally put the finishing touches on the Federal Sentencing Reporter‘s latest issue, which is entitled “Claiborne & Rita: Reasonableness Review in the Supreme Court.”  As the title suggests, this issue of FSR is focused primarily on the two post-Booker cases now pending before the Court.  Here’s a review of the contents: 

EDITOR’S OBSERVATIONS

  • Douglas A. Berman, Claiborne and Rita — Booker Clean-up or Continued Confusion?

ARTICLES ON POST-BOOKER SENTENCING

  • Frank O. Bowman, III, “The Question Is Which Is to Be Master—That’s All”: Cunningham, Claiborne, Rita, and the Sixth Amendment Muddle (available via SSRN here)
  • Nancy Gertner, Thoughts on Reasonableness
  • Carissa Byrne Hessick & F. Andrew Hessick, Rita, Claiborne, and the Courts of Appeals’ Attachment to the Sentencing Guidelines (available via SSRN here)
  • Alexandra A.E. Shapiro & Nathan H. Seltzer, Guidelines or Higher: NYCDL’s Study of Reasonableness Review Patterns Reveals the Courts of Appeals’ Aversion to Parsimony
  • Regina Stone-Harris, How to Vary from the Federal Sentencing Guidelines Without Being Reversed

ARTICLES ON BROADER GUIDELINE OPERATION

  • Lynn D. Lu, Prosecutorial Discretion and Racial Disparities in Federal Sentencing: Some Views of Former U.S. Attorneys
  • John F. Pfaff, The Vitality of Voluntary Guidelines in the Wake of Blakely v. Washington: An Empirical Assessment
  • Frederick H. Weisberg & Kim S. Hunt, Voluntary Sentencing Guidelines in the District of Columbia: Results of the Pilot Program

The Federal Sentencing Reporter can be ordered here and accessed electronically here, though it will be a few days before this latest issue (Vol. 19, No. 3) comes on-line.

Other recent FSR issues on Blakely, Booker and federal sentencing dynamics: