Oral argument in Ninth Circuit en banc reasonableness cases

The big en banc argument on reasonableness review in the Ninth Circuit took place on Friday (in which I submitted this amicus brief), and the audio file can now be accessed here.  All Booker fans will want to listen, and all will likely be encouraged by the thoughtfulness of all the Ninth Circuit judges’ questions. 

I must admit to being a bit disappointed by the arguments made by defense counsel, and to being wowed (as I usually am) by the arguments made by Michael Dreeben on behalf of the government.  In my view, the defendants’ consel should have focused far more on the provisions and precise text of 18 U.S.C. § 3553(a).  But I was highly encouraged that Judge Kozinski and some other judges pushed the statutory text hard in questioning of Michael Dreeben.  I am now hoping that Judge Kozinski writes the opinion for the court in these en banc cases.

Recent posts about reasonableness review in the Ninth Circuit:

• Ninth Circuit going en banc on reasonableness review
• Ninth Circuit clarifies en banc reasonableness issues
• Judges announced for en banc reasonableness fun in the Ninth Circuit
• Defendants’ brief in Ninth Circuit Booker en banc
• Government’s brief in Ninth Circuit Booker en banc
• With reasonable(ness) friends like these…