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Notable new perspective on reasonableness review after Booker

By Douglas A. Berman

I have long thought that appellate review was a weakest link in the Booker remedy, both jurisprudentially and practically.  Thus, this new piece on SSRN by Briana Rosenbaum really caught my eye. The piece is titled "Righting the Historical Record: A Case for Appellate Jurisdiction Over Appeals of Sentences for Reasonableness Under 28 U.S.C. § 1291," and here is the abstract: This Article is the first to critically analyze the jurisdictional basis for the Supreme Court?s mandate in United States v. Booker, 543 U.S. 220 (2005), that all courts of appeals review the length of criminal sentences for ?reasonableness.?  In Booker, the Court created a new kind of appellate review: review of all criminal sentences for ?reasonableness.?  As a result, the availability of appellate review has expanded greatly...continue to full post

Full post as published by Sentencing Law and Policy on December 19, 2010 (boomark / email).