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A potent attack on the post-Booker world

By Douglas A. Berman

Thanks to this post at C&C, I see that frequent commentor Bill Otis has a new article on federal sentencing appearing in the latest volume of Engage, the journal of the Federalist Society's practice groups.  This new article, which is titled "From Apprendi to Booker to Gall and Kimbrough: The Supreme Court Blunders its Way Back to Luck-of-the-Draw Sentencing," can be accessed here.  The piece is highly critical of the Supreme Court's work in Booker and its progeny, and here are snippets from the end of the piece: [W]e now have something worse, and less honest, than the pre-SRA regime of standardless sentencing. We have standardless sentencing pretending to have standards.  The shrewdly opaque message to the public is that we still have sentencing guidelines, only that they are more ?flexible? than before...continue to full post

Full post as published by Sentencing Law and Policy on July 08, 2008 (boomark / email).