Doug Berman's Sentencing Law Resources: Booker in the District Courts

General

• Three more great Booker decisions from Judge Adelman - June 20, 2005
• Judge Goodwin speaks on Booker! - March 18, 2005
• Judge Gertner speaks on Booker! - March 3, 2005
• Important Booker rulings from district courts - February 24, 2005
• Compilation of post-Booker federal decisions - February 20, 2005
• The importance of, and another great example of, district court Booker explanations - February 16, 2005
• The Booker battles: questions of perspective - February 6, 2005
• Booker debate continues with another potent district opinion - February 4, 2005
• Judge Cassell responds with Wilson II!! - February 2, 2005
• Judge Bataillon provides another great take on Booker - February 1, 2005
• Quick review of major post-Booker federal rulings - January 31, 2005
• More powerful Booker work from a district court - January 29, 2005
• A Booker laboratory of the district courts? - January 26, 2005
• More stunning post-Booker work from a district court - January 25, 2005
• Notable post-Booker decision from Judge Hornby -January 25, 2005
• Do federal sentencing judges have discretion to Blakely-ize? - January 20, 2005
• Distinct views, but uniform brilliance (and results?) - January 19, 2005
• Another (very different) view of Booker from a district court - January 19, 2005
• What Wilson has wrong - January 16, 2005
• Understanding and appreciating Judge Cassell's Wilson opinion - January 15, 2005

Above-Guideline Sentencing

• Interesting district court read (and evidence of post-Booker toughness) - July 27, 2005
• Can a post-Booker resentencing lead to a sentence increase? - May 5, 2005
• More tough post-Booker sentences - March 25, 2005
• Post-Booker above-range sentences - March 23, 2005
• More interesting tales of tough post-Booker sentencings - January 28, 2005

Acquitted Conduct

• Another potent district court Booker opinion (from my backyard) - May 25, 2005
• Further reflections on burdens of proof and acquitted conduct - May 4, 2005
• Judge Gertner speaks on acquitted conduct - April 16, 2005

Attorney General

• NACDL releases report on "Gonzales Cases" - July 7, 2005

Booker (Defendant's Resentencing)

• Booker and Booker, round 2 - May 4, 2005
• The more things change... - May 3, 2005
• Freddie Booker to be resentenced today - May 3, 2005

Burden of Proof

• Judge Gertner on drug statute and burden of proof - June 16, 2005
• Another potent district court Booker opinion (from my backyard) - May 25, 2005
• Further reflections on burdens of proof and acquitted conduct - May 4, 2005
• More about beyond a reasonable doubt at sentencing - February 6, 2005

Child Pornography

• More details on Pabon Cruz resentencing - May 31, 2005
• Reports of notable NY resentencings - May 30, 2005

Crack/Powder Cocaine Disparity

• Three more great Booker decisions from Judge Adelman - June 20, 2005
• More district court action on crack/cocaine disparity - May 20, 2005
• Another (and different) view on the crack guidelines - April 18, 2005
• Booker and crack/powder cocaine sentencing - March 17, 2005
• Judge Adelman strikes again - March 3, 2005
• Reports on recent Booker district court sentencings - February 12, 2005
• Simon says offender characteristics now quite relevant to federal sentencing - February 8, 2005

Defense Strategies

• A manual of Booker defense strategies - April 23, 2005
• Departures, variances and defense advocacy - February 17, 2005

Department of Justice

• Judge Presnell assails DOJ (and pulls no punches) - May 5, 2005

Departures and Variances

• Lil' Kim gets more than a lil' prison time - July 6, 2005
• Honoring moms at sentencing - July 2, 2005
• Can a variance for "co-defendant disparity" be reasonable? - May 24, 2005
• Judge Cassell on fast-track and family circumstances - May 16, 2005
• Report of a Judge Cassell departure for family circumstances - May 13, 2005
• Another potent (and hilarious) opinion from Judge Kopf - May 13, 2005
• Another high-profile Connecticut Booker variance - May 2, 2005
• Noteworthy district and circuit Booker decisions - April 26, 2005
• Rowland wrap-up - March 21, 2005
• Rowland gets a year and a day - March 18, 2005
• Judge Presnell speaks on 5K after Booker - March 18, 2005
• More Booker reports from the front lines - March 3, 2005
• Judge Adelman strikes again - March 3, 2005
• How should variances that still result in prison terms be coded and considered? - February 25, 2005
• More on departures and variances: not quite as easy as 123 - February 19, 2005
• Departures, variances and defense advocacy - February 17, 2005

Ex Post Facto and Due Process

• Great opinion on local variations and other post-Booker issues - July 28, 2005
• More more details details on Fanfan - May 26, 2005
• Can a post-Booker resentencing lead to a sentence increase? - May 5, 2005
• Judge Goodwin speaks on Booker! - March 18, 2005
• Judge Bataillon provides another great take on Booker - February 1, 2005
• Increased sentences post-Booker - January 21, 2005
• Ex post facto, due process and cases in the pipeline - January 18, 2005

Family Circumstances

• Honoring moms at sentencing - July 2, 2005
• Judge Cassell on fast-track and family circumstances - May 16, 2005
• Report of a Judge Cassell departure for family circumstances - May 13, 2005
• Another potent (and hilarious) opinion from Judge Kopf - May 13, 2005

Fanfan (Defendant's Resentencing)

• More more details details on Fanfan - May 26, 2005
• Fanfan gets a (long) guideline sentence - May 24, 2005
• Fanfan to be resentenced today - May 24, 2005

Fast-track Programs and Disparities

• Judge Kaplan addresses fast-track disparity - July 29, 2005
• Fascinating fight over fast-track - June 16, 2005
• Judge Presnell on fast-track disparity - June 7, 2005
• Great media coverage of the post-Booker world - May 28, 2005
• Judge Cassell on fast-track and family circumstances - May 16, 2005
• Report of a Judge Cassell departure for family circumstances - May 13, 2005
• More amazing post-Booker work by Judge Adelman - February 4, 2005

Governmental Corruption

• Cianci sentence unchanged - June 16, 2005
• District court dispatches - June 9, 2005
• Reports on Booker resentencings - May 18, 2005
• Lots of interesting reports from the sentencing front lines - April 30, 2005
• Assessing high profile sentences post-Booker - March 30, 2005
• Rowland wrap-up - March 21, 2005
• Rowland gets a year and a day - March 18, 2005
• Another celebrity sentencing update - March 18, 2005
• What sentence should former Gov Rowland get under Booker? - March 15, 2005

Immigration Sentencing

• Post-Booker above-range sentences - March 23, 2005
• More amazing post-Booker work by Judge Adelman - February 4, 2005

Jury Fact-finding

• Interesting district court perspective on jury fact-finding - June 19, 2005

Local Variations

• Great opinion on local variations and other post-Booker issues - July 28, 2005

Mandatory Minimums

• Judge Adelman spotlights problems with mandatories - August 10, 2005

Offender Characteristics

• Simon says offender characteristics now quite relevant to federal sentencing - February 8, 2005

Parsimony Provision

• Noteworthy district and circuit Booker decisions - April 26, 2005
• A punchy, though puzzling, perspective on parsimony - April 19, 2005
• The morning's Booker reports - February 1, 2005
• What Wilson has wrong - January 16, 2005

Plain Error

• Barnett receives lower sentence after remand - July 10, 2005
• Cianci sentence unchanged - June 16, 2005
• Noteworthy district and circuit Booker decisions - April 26, 2005
• The Booker battles: questions of perspective - February 6, 2005

Rehabilitation

• Judge Weinstein on rehabilitation as a sentencing goal - August 11, 2005
• Booker meets Roper and the rehabilitation of rehabilitation - March 9, 2005

Retroactivity

• Judge Panner works through Booker 's retroactivity - January 24, 2005

Safety Valve

• Interesting (and curious) district court application of Booker and Crosby - February 9, 2005

Shepard's Application

• District judge reads Shepard to impact post-Booker sentencing - March 24, 2005

Standard of Proof [see Burden of Proof]

States

• Reports of notable NY resentencings - May 30, 2005
• In praise of the District of Maine - April 27, 2005
• The post-Booker world in Delaware - April 8, 2005

Substantial Assistance

• Judge Presnell speaks on 5K after Booker - March 18, 2005
• Judge Adelman strikes again - March 3, 2005

USSC Data

• The shape of the post-Booker universe - August 11, 2005
• More post-Booker data from the USSC - August 9, 2005
• Trying to parse the USSC's latest data - July 17, 2005
• More updated post-Booker data from the USSC - July 15, 2005
• Updated post-Booker data from the USSC - July 14, 2005
• Data junkies rejoice! New post-Booker data from the USSC - May 26, 2005
• Updates, updates and the need for Booker issue memos - May 26, 2005
• Up-to-date post-Booker data from the USSC - April 13, 2005
• All hail the latest USSC post-Booker data - March 23, 2005
• Post-Booker above-range sentences - March 23, 2005
• Latest, greatest, post-Booker sentencing statistics - March 15, 2005
• Ask and ye shall receive ... Booker data - March 9, 2005
• How should variances that still result in prison terms be coded and considered? - February 25, 2005
• Always remember to show your work - January 21, 2005
• Anecdotes, data and the USSC's big challenge - January 20, 2005

Variances [see Departures and Variances]

White Collar Crime

• WorldCom sentencing wrap-up and reflections - August 11, 2005
• Other WorldCom sentencings - August 5, 2005
• Bernie Ebbers gets 25 years - July 13, 2005
• Gearing up for Ebbers' sentencing - July 13, 2005
• Big white collar developments - June 28, 2005
• Rigases get long sentences for Adelphia fraud - June 20, 2005
• Adelphia executives to be sentenced next week - June 13, 2005
• Ebbers' plea for leniency - June 10, 2005
• District court dispatches - June 9, 2005
• Tough sentences for white-collar offenders - May 18, 2005
• Reports on Booker resentencings/a> - May 18, 2005<
• Report on today's Enron barge sentences - May 12, 2005
• Monday's Booker news from the courts - April 12, 2005
• A pattern of white-collar leniency? - April 8, 2005
• What sentence should Bernie Ebbers get under Booker? - March 15, 2005
• The morning's Booker reports - February 1, 2005
• Another district court weighs in on Booker - January 30, 2005
• Increased sentences post-Booker - January 21, 2005

Miscellaneous

• Post-Booker resentencings - July 30, 2005
• Talking points for the post-Booker world - July 10, 2005
• Dispatches from federal sentencing courts - June 18, 2005
• Intriguing federal sentencing stories - May 14, 2005
• Reconsidering and resentencing - May 6, 2005
• Where the real Booker action can be found - May 5, 2005
• Lots of interesting reports from the sentencing front lines - April 30, 2005
• Lil' help for Lil' Kim - April 29, 2005
• More examples of tough post-Booker sentences - April 20, 2005
• More interesting district court Booker action - April 17, 2005
• Monday's Booker news from the courts - April 12, 2005
• Matthew Hale sentenced - April 6, 2005
• More Booker reports from the front lines - March 3, 2005
• Curious grants of new trials based on Booker - February 15, 2005
• Reports on recent Booker district court sentencings - February 12, 2005
• The daily post-Booker sentencing anecdote round-up - January 30, 2005
• More post-Booker reports in the papers - January 29, 2005
• Reporting anecdotes on post-Booker sentencings - January 21, 2005
• More praise of judges judging - January 20, 2005
• Interesting plans for figuring out Booker - January 17, 2005
• Report your Booker stories here - January 14, 2005