BOOKER/FANFAN RESOURCES

Welcome to the Booker/Fanfan Resource page on fd.org. This page currently features a variety of documents summarizing key Booker-related cases, analyses of the major legal issues resulting from Booker, and strategies for sentencing post-Booker. The page also contains a collection of sample Booker-related model documents from several circuits, as well as studies, statistics and reports that can be used to support various sentencing arguments.

Our page is currently divided into the following topics:

Links to Other Websites

For information on other sentencing-related issues, please see our Sentencing Page.

Cases and Model Documents
Text of Opinion in United States v. Booker and United States v. Fanfan, 125 S.Ct. 738, L. Ed. 2d 621 (2005)
Booker Model Documents (briefs, motions, sentencing memos, petitions)
Notable Booker-related Cases (from July 2005 to present)
128 Mitigating Factors: Cases Granting, Affirming or Suggesting Mitigating Factors (last updated on February 1, 2006)
by Michael R. Levine, Law Offices of Michael R. Levine, Portland, OR
Sentences After Booker: Imposition and Review (last updated on July 10, 2005)
Review of Sentences Imposed Before Booker (last updated on July 10, 2005)
by Frances H. Pratt, Research & Writing Attorney, E. D. VA

Government Reports; Compilations of Studies; Statistics
and Other Resources
Memo to Probation Officers and Pretrial Services Officers Regarding Costs of Incarceration and Pre-Trial Detention for Fiscal Year 2005 (May 24, 2006)
An Analysis of Non-Violent Drug Offenders with Minimal Criminal Histories: Part I & Part II (February 4, 1994) (U.S. Department of Justice)
(finding that a substantial number of minor role drug offenders with minimal criminal histories "are much less likely than high-level defendants to re-offend" and "a short prison sentence is just as likely to deter them from future offending as a long prison sentence.")
Using Studies and Statistics to Redefine the Purposes of Sentencing (March 2006)
Compiled by various federal defender attorneys
(listing studies, reports and other materials that can be used to undercut the assumptions upon which guideline sentences are based)
A Year After Booker: Most Sentences Still Within Guidelines (February 2006)
from The Third Branch, the newsletter of the Federal Courts
The United States Sentencing Commission's Report on the Impact of United States v. Booker on Federal Sentencing (March 2006)

Defender Booker-related Writings
Guidelines Appeals: The Presumption of Reasonableness and Reasonable Doubt
by Stephen R. Sady, Chief Deputy Federal Public Defender, D. OR.
The Continuing Struggle for Just, Effective and Constitutional Sentencing After United States v. Booker (August 2006) (This is an updated version of "Antidote to the Kool-Aid: Giving the Guidelines Presumptive Weight is Textually, Constitutionally and Factually Unsound")
by Amy Baron-Evans, National Federal Defender Sentencing Resource Counsel
Sentencing Post-Booker (April 10, 2006)
by Amy Baron-Evans, National Federal Defender Sentencing Resource Counsel
Defenders' Letter to Sentencing Commission Re: Report on Federal Sentencing Since United States v. Booker
The Truth About Fast Track
Section 3553(a)(2) and the USSC's newly released reports on recidivism (January 2006)
by Amy Baron-Evans, National Federal Defender Sentencing Resource Counsel
Grid & Bear It: Post-Booker Litigation Strategies - Part I (November 2005)
Grid & Bear It: Post-Booker Litigation Strategies - Part II (November 2005)
by David L. McColgin, Supervising Appellate Attorney, E.D. PA
& Brett G. Sweitzer, Appellate Attorney, E.D. PA
(This article is a revision of the Booker Litigation Strategies Manual by the same authors. It is copyrighted by The Champion magazine and is made available here with the authors’ and NACDL’s permission.)
The Doing Time Times, Spring 2005
The Doing Time Times, Winter 2006
Federal Defender Services of Wisconsin, Inc.
The Due Process Approach to Sentencing Justice: How Courts Can Use Their Discretion To Make Sentencings More Accurate and Trustworthy (January 2006)
by Alan DuBois, Senior Appellate Attorney, E. D. N.C.
& Anne E. Blanchard, National Federal Defender Sentencing Resource Counsel
(This article has been accepted for publication in the Federal Sentencing Reporter, Vol. 18, No. 2, Jan. 2006)
A Booker Advisory: Into the Breyer Patch (March 2005)
by Steven G. Kalar, Assistant Federal Public Defender & Senior Litigator, N.D. CA;
Jane L. McClellan, Assistant Federal Public Defender, D. AZ;
& Jon M. Sands, Federal Public Defender, D. AZ
(This article is copyrighted by The Champion magazine and is made available here with the authors’ and NACDL’s permission.)
Presumptively Unreasonable: Using the Sentencing Commission’s Words to Attack the Advisory Guidelines (March 2005)
by Anne E. Blanchard, National Federal Defender Sentencing Resource Counsel
& Kristen Gartman Rogers, Appellate Attorney, S. D. AL
(This article is copyrighted by The Champion magazine and is made available here with the authors’ and NACDL’s permission.)

Links to Other Websites
  Sentencing Law and Policy blog