| Supreme Court grants cert. to review federal sentencing practice. Click here for more information 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:
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Text
of Opinion in United States v. Booker
and United States v. Fanfan, 125 S.Ct. 738, L. Ed. 2d 621
(2005) |
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Booker Model Documents (briefs, motions, sentencing memos, petitions) | ||||||
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Notable Booker-related Cases | ||||||
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128 Mitigating
Factors: Cases Granting, Affirming or Suggesting Mitigating Factors
(last updated on February 1, 2006) |
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Sentences After Booker: Imposition and Review (last updated on July 10, 2005) | ||||||
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Review
of Sentences Imposed Before Booker (last
updated on July 10, 2005) by Frances H. Pratt, Research & Writing Attorney, E. D. VA |
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Federal
Public Defender's Office Sentencing Resource Manual: Using Studies
& Statistics to Redefine the Purposes of Sentencing (Edited by Jennifer Coffin, Research & Writing Specialist, Federal Public Defender's Office, M.D. TN; Sarah Gannett, Research & Writing Specialist, Federal Public Defender's Office, D. MD; Molly Roth, Assistant Federal Public Defender, W.D. TX) (A compilation of useful resources that federal defense attorneys can consult when drafting sentencing memoranda and making oral arguments for sentences below the advisory guideline range.) |
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Court
of Appeals Review, December 1, 2005 - November 30, 2006 (A comprehensive review of court of appeals decisions between December 1, 2005 and November 30, 2006, showing the rates of affirmance and reversal of within, above and below-guideline sentences at the national and circuit levels, as well as a comparison of rates in presumption and non-presumption circuits.) |
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Difference
in rates of below-guideline sentences imposed in circuits that have
adopted a presumption of reasonableness and those that have not for
the period January 1, 2005 - November 27, 2006 (A graph and the data used to prepare it showing a widening gap between the rate of below-guideline sentences imposed in circuits that have adopted a presumption of reasonableness and those that have not.) |
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| A sample of transcripts of sentencing hearings in which judges expressed the belief that they could not sentence outside the guideline range: | |||||||
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Memo to Probation Officers and Pretrial Services Officers Regarding Costs of Incarceration and Pre-Trial Detention for Fiscal Year 2005 (May 24, 2006) | ||||||
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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.") |
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A
Year After Booker: Most Sentences Still Within Guidelines (February
2006) from The Third Branch, the newsletter of the Federal Courts |
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The United States Sentencing Commission's Report on the Impact of United States v. Booker on Federal Sentencing (March 2006) | ||||||
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The
Continuing Struggle for Just, Effective and Constitutional Sentencing
After United States v. Booker (August 2006) by Amy Baron-Evans, National Federal Defender Sentencing Resource Counsel |
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Sentencing
Post-Booker (April 10, 2006) by Amy Baron-Evans, National Federal Defender Sentencing Resource Counsel |
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Antidote
to the Kool-Aid: Giving the Guidelines Substantial or Presumptive
Weight is Constitutionally, Textually and Factually Unsound (April
10, 2006) (This is an updated version of "Enforcing the New Sentencing
Law") by Amy Baron-Evans, National Federal Defender Sentencing Resource Counsel |
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Defenders' Letter to Sentencing Commission Re: Report on Federal Sentencing Since United States v. Booker | ||||||
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The Truth About Fast Track | ||||||
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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 |
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Grid & Bear It: Post-Booker Litigation Strategies - Part I (November 2005) | ||||||
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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.) |
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The
Doing Time Times, Spring 2005 The Doing Time Times, Winter 2006 Federal Defender Services of Wisconsin, Inc. |
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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) |
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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.) |
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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.) |
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| Sentencing Law and Policy blog | |||||||