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Sentencing Guideline Changes |
Supreme Court |
Final Report on the Impact of United States v. Booker on Federal Sentencing - 277 pages |
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UNITED STATES v. BOOKER Link includes dissent (4), opinions (2)
(January 12, 2004)
U.S. Supreme Court majority opinion holding that the Federal Sentencing Guidelines limit the severity of the sentence that a judge can lawfully impose on a defendant to the facts found by the jury at trial. |
Blakely v. Washington, No. 02-1632 (June 24, 2004), In a prosecution of defendant for kidnaping his estranged wife, defendant's federal constitutional right to have a jury determine beyond a reasonable doubt all facts legally essential to his sentence was violated where the facts supporting the exceptional sentence . |
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Post Booker Opinions - DC |
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Booker and Plain-Error US v. Coles, No. 03-3113 (D.C. Cir. April 08, 2005) |
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US v. COUMARIS, No. 03-3024 (D.C. Cir. March 08, 2005)
Defendant's sentence for conspiring to help another person
evade arrest is vacated and remanded for resentencing in light
of US v. Booker, 125 S.Ct. 738 (2005). |
Post Booker Opinions - Other |
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US v. Wilson, Jan. 13, 2005. Memo Order and Opinion Giving Greater Weight To The Sentencing Guidelines in Determining Appropriate Sentencing |
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US v. Jones, Jan 2, 2005. Sentencing Memo |
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US v. Siegelbaum, Jan. 2005 2255 Motion Denial |
Other Resources |
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NACDL |
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WestLaw has released a new database, BOOKER-CS, which contains documents citing the United States v. Booker (125 S.Ct. 738 (2005 ) decision.
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D-Web Blogs - All Circuits |
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FDAP |
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Sentencing Law & Policy |
DOJ |
DOJ Sample Brief |
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USSC |
Preliminary Findings: Federal Sentencing Practices Subsequent to the Supreme Court's Decision in Blakely v. Washington |
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Fifteen Years of Guidelines Sentencing: An Assessment of How Well the Federal Criminal Justice System Is Achieving the Goals of Sentencing Reform |
Attorneys |
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Post Booker Decisions 2/17/05 |
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Booker Litigation Strategies Manual, prepared by David McColgin and Brett Sweitzer from the Federal Defender's Office
for the Eastern District of Pennsylvania 4/15/05 |
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Grid & Bear It: Post-Booker Litigation Strategies (Part I) |
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Grid & Bear It: Post-Booker Litigation Strategies (Part II) |
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Sentencing Post-Booker by Amy Baron-Evans, October 12th, 2005 |
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Booker Litigation Strategies 2/17/05 |
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Reasonable Doubt Sentencing Standard - Feb. 2, 2005
Memorandum to circulate a letter brief we have put together on the requirement that reasonable doubt standard apply when, post-Booker, contested facts are alleged that would increase the advisory guideline range. (in PDF format)
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DEFENDANT’S SUPPLEMENTAL SENTENCING MEMORANDUM ADDRESSING ISSUES RAISED BY BLAKELY v. WASHINGTON FAMM/NACDL |
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Disparity resulting from the Attorney General's approval of fast track programs in some districts but not others. by Amy Baron-Evans 1/06 |
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DEFENDANT’S SUPPLEMENTAL OBJECTION TO THE PRESENTENCE REPORT Texas-FPD |
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DEFENDANTS’ MEMORANDUM
ON BLAKELY v. WASHINGTON WI-FPD |
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DEFENDANT MOTION FOR
RELEASE PENDING APPEAL ON SEPTEMBER 23, 2004
(AND, IF NECESSARY, FOR A HEARING ON SEPTEMBER 22, 2004)
AND INCORPORATED MEMORANDUM OF AUTHORITIES IN SUPPORT THEREOF |
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Defendant's Memorandum in Aid of Resentencing on Remand DC-FPD |
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Defendant's Response to Resentencing DC-FPD |
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Defendant's Memorandum in Aid of Resentencing DC-FPD |
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DEFENDANT’S SENTENCING MEMORANDUM REGARDING APPLICATION OF THE FEDERAL SENTENCING GUIDELINES AFTER BLAKELY v. WASHINGTON CA-FPD |
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Blakely Scorecard by Rob Rufner, Esq. District of Maine |
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Defendant's Memorandum in Aid of Resentencing Aug 4, 2004 DC-FPD |
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Blakely Brief Bank (CA. State Courts) |
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Briefs for Blakely from the Defender Services Training Branch |
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FDAP's Blakely Brief Bank (CA.) |
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9th Circuit Blog |
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Related |
Memorandum On The Retroactive Application Of Apprendi by T. J. Hester |
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The Sentencing Project is pleased to announce the publication of a new report, Sentencing with Discretion: Crack Cocaine Sentencing After Booker. The report coincides with the one-year anniversary of the historic U.S. Supreme Court decision in United States v. Booker, in which the Court struck down the mandatory application of the federal sentencing guidelines as unconstitutional,.but kept the guidelines intact by requiring that they be consulted in an advisory capacity. Examining published court decisions, the new report assesses how judges have utilized their expanded range of discretion in one of the most contentious areas of federal sentencing, crack cocaine offenses. |
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Memorandum for Panel Attorneys |
| Office Defender Services Training Branch |
Opinions by Circuit |
