Booker Update

by TChris

Those who have followed the Booker case know that the Supreme Court made the federal sentencing guidelines advisory, freeing federal judges to impose sentences that are less (or, unfortunately, more) harsh than the guidelines formerly required. (Those who haven’t followed the case can catch up here.)

The Court’s decision will benefit some defendants, but – you heard it here first – it didn’t benefit Booker, who was resentenced today to a term of 30 years, the same sentence that the district court originally imposed. Booker’s counsel, who happens to be writing this, was disappointed, to say the least.

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    Re: Booker Update (none / 0) (#1)
    by Mreddieb on Sat Dec 17, 2005 at 12:58:42 PM EST
    I think these issues should not go back to the presiding judge for resentencing for the obvious reason. There is, in my opinion, a matter of ego and a judicial F*** You to the appeals Court from the presiding Judge. The same thing happened to the plaintiffs in the Agent Orange suit which I was part of. The Supreme Court over ruled the judges decision and sent it back to him to re-consider and he Threw it out again! end of story. So those of us who were effected and crippled by agent Orange and weren't included in the original suit because we didn't no we were sick are sh*t out of luck. I guess youmight say I got life.

    Re: Booker Update (none / 0) (#2)
    by Talkleft Visitor on Sat Dec 17, 2005 at 12:58:42 PM EST
    TChris, what a bummer. Talk about winning the battle and losing the war....After all your hard work, too.

    Re: Booker Update (none / 0) (#3)
    by Peter G on Sat Dec 17, 2005 at 12:58:42 PM EST
    Sorry to hear the bad but not unexpected news. Did Judge Shabaz really manage to reimpose the sentence without committing any legal errors? I know Mr. Booker is in the hands of an outstanding appellate lawyer (nickname, "TChris"), so maybe there is still light at the end of this tunnel. In any event, even if Mr. B ends up screwed, you should know that your work has already saved many others from many years of wasted and unnecessary incarceration. All three of my "post-Booker" sentences (so far) have been (as I call them) "low and outside" -- that is, below the bottom of what would otherwise have been the Guideline range. So for the taxpayer, and for my clients, I say, "Thanks, TChris, and thanks, Freddie B."

    Re: Booker Update (none / 0) (#4)
    by Che's Lounge on Sat Dec 17, 2005 at 12:58:42 PM EST
    You may still have helped a lot of others.