Doc Berman thinks Texas federal District Judge Randy Crane likely overstepped his authority when he used his new discretion to treat federal sentencing guidelines optionally to extend the sentences of three officials convicted of taking bribes. In most instances, judges tend to use the new discretion to sentence offenders less harshly. Berman and others believe that constitutional due process restrictions prevent the judge from using the new ruling that way.
If you're an attorney wondering how the Booker case will affect your clients in federal court (it doesn't affect Texas state cases), Berman's Sentencing Law and Policy Blog is borderline obsessed with the subject. Just start at the top and keep scrolling.
UPDATE: CrimProf blog points to this ABA web conferencing opportunity for attorneys to learn more about Booker. Perhaps Judge Crane might want to log on.
Me, obsessed, ya' think?
ReplyDeleteUh-huh, though I mean it in the nicest possible way. ;-)
ReplyDelete