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Blakely, Booker/Fanfan & Other Sentencing News

United States Sentencing Commission Symposium On Alternatives To Incarceration; from Federal Public Defenders (OR), June 2008 (pdf)

The US Sentencing Commission's Assessment of How Well the Federal Criminal Justice System is Achieving the Goals of Sentencing Reform warrants study. You can view the Executive Summary and download the report here.

See also Crack / Powder Coacaine in the News -- Read More about Guideline Sentencing here.

The Media Awareness Project (MAPInc) is archiving national press coverage of Blakely/Booker/Fanfan at:

Sentencing News in the Media:

Attorney General Holder’s Remarks From “Rethinking Federal Sentencing Policy 25th Anniversary of the Sentencing Reform Act” Symposium; from USDOJ (US), 6/24/09

2nd Circuit Clarifies Consecutive Mandatory Minimum Sentencing; from (US), 3/11/09

US Supreme Court: Guidelines Are Really, Truly Advisory; from Sentencing Law and Policy, 1/29/09

Speech By Robert C. "Bobby" Scott, Chairman, U.S. House Subcommittee on Crime, Terrorism, and Homeland Security, 10/24/08 (pdf) - More Sentencing News

Column: Whittling Away, But Leaving A Gap; from New York Times (NY), 12/17/07

US Supreme Court Rulings Give Judges More Discretion In Sentencing; from World Socialist Web Site (US), 12/15/07

Column: The Harm of 'Get Tough' Policies; from Newsweek (US), 12/14/07 - More Sentencing News

Justices Widen Sentencing Powers of Federal Judges; from New York Times (NY), 12/10/07

Supreme Court: Judges Can Reduce Crack, Other Sentences; from Associated Press (US), 12/10/07

Supreme Court Weighs Arguments on Limits of Judicial Discretion in Sentencing; from Drug War Chronicle (US), 10/5/07

Justices Say They Lean To Sentencing Leeway; from Los Angeles Times (CA), 10/3/07

Justices Take Up Discretion Of The Courts In Sentencing; from New York Times (NY), 10/3/07

Iowan's Case Before High Court Highlights Sentencing Shortcomings; from Des Moines Register (IA), 10/1/07

Judges Seek Leeway In Prison Sentences; from Los Angeles Times (CA), 9/29/07

Federal Sentencing: Not Guilty? Go To Jail; from National Law Journal (US), 9/10/07

Sentencing Laws Debated; from Daily Press (VA), 7/1/07

Bush Seeks To Re-Impose Mandatory Minimums; from Associated Press (US), 6/13/07

Court To Weigh Disparities In Cocaine Laws; from New York Times (NY), 6/12/07

Early U.S. Inmate-Release Rules Lead To Clash; from National Law Journal (US), 5/21/07

Bill Could Shorten Some Drug Dealers' Prison Time; from Washington Post (DC), 5/8/07

Lighten Crack Cocaine Sentences; from San Jose Mercury News (CA), 5/2/07

Justices Find California's Sentencing Law Flawed; from Los Angeles Times (CA), 1/23/07

Supreme Court's Striking Down Of California Sentencing Law Could Mean Shorter Prison Sentences; from Associated Press (US), 1/22/07

Sentencing: US Supreme Court to Try to Clean Up Post-Booker Ruling Issues; from Drug War Chronicle (US), 11/10/06

Supreme Court To Revisit Federal Sentencing Issues; from New York Times (NY), 11/4/06

Court Ruling May Affect Crack Cases; from Philadelphia Inquirer (PA), 9/14/06

Editorial: Discretion Where It Belongs; from Milwaukee Journal Sentinel (WI), 3/29/06

Despite Supreme Court Ruling Throwing Out Federal Sentencing Guidelines, Federal Drug Sentences Keep Getting Longer; from Drug War Chronicle (US), 3/24/06

Sentencing Resources:

Sentencing Resource Page; from US Office of Defender Services

Deconstructing the Guidelines; a special project from National Federal Defender Sentencing Resource Counsel, 2008

Federal Sentencing Study Profile Index; by Professor David Zlotnick, Roger Williams University School of Law

Federal Sentencing Study; by Professor David Zlotnick, Roger Williams University School of Law, August 2007

Sentencing Laws Debated; from Daily Press (VA), 7/1/07 -- More Blakely/Booker & Sentencing News

The Real (Sentencing) World: State Sentencing in the Post-Blakely Era, by Doug Berman; from Ohio State Journal Of Criminal Law (PDF Format)

Series Of Articles On Booker Written From A Prosecutorial Perspective; from US Dept. of Justice (PDF Format)

Cracks In The System; 20 Years Of The Unjust Federal Crack Cocaine Law; from ACLU, 10/26/2006 (PDF Format)

The Power of Bureaucracy in the Response to Blakely and Booker; from Wake Forest University Legal Studies, Feb 2006

Booker, Blakely & Fanfan Sentencing Materials; from The United States Sentencing Commission

A Layman's Guide To Booker; from The Doing Time Times, Spring 2005 & Federal Defender Services Of Wisconsin, Inc. (PDF Format)

Report: Beyond Blakely: Implications of the Booker Decision for State Sentencing Systems; from The Vera Institute for Justice (PDF Format)

All Sides Wary Of Sentencing Ruling; An ABA Journal E-Report, from the American Bar Association (US), 1-14-05

Download the entire Supreme Court Decision: U.S. v. Booker, No. 04-104, January 12, 2005 (PDF Format)

Download the entire Supreme Court Decision: Blakely v. Washington, No. 02-1632, June 25, 2004 (PDF Format)

From the U.S. House Judiciary Committee: Oversight Hearing on "The Implications of the Booker/Fanfan Decisions for the Federal Sentencing Guidelines", February 10, 2005. Witnesses' testimony, and Chairman's opening statement linked at this official site. Full transcript likely coming soon.

Doug Berman, an Ohio State University law professor, has been chronicling the aftermath of Blakely on his Web site at:
(The media refers to Berman as the "Go-To" source for Blakely issues.)

The Law Offices of Alan Ellis have made available their Analysis of Blakely/Booker/Fanfan issues. (PDF Format)

Blakely/Booker/Fanfan Analysis from David Beneman, Esq., Maine CJA Resource Counsel

Further Blakely resources are available from Families Against Mandatory Minimums (FAMM).

Read the National Association of Criminal Defense Attorney's (NACDL) resource list on Blakely.

FindLaw is a comprehensive source for all legal questions on state and federal laws, including analysis of the Blakely decision, at

Trial Attorney Daniel Horowitz offers a concise analysis of Blakely v. Washington on his professional web site (about two-thirds down the page).

Punch and Jurists, Ltd. offers a very comprehensive Bulletin Board of Blakely Analysis and Commentary at:

Columbia University law student Jason Hernandez' maintains a Blakely Blog at:

The Blakely archives at the progressive criminal justice web site TalkLeft can be found at:

SCOTUSblog, run by Washington law firm Goldstein & Howe, posts news articles and analysis of Supreme Court rulings (including Blakely) on the firm's Web site.

Read drug war prisoner Gary Callahan's analysis of Apprendi v. New Jersey from The Razor Wire, Spring 2004 issue.

Data Show More Variety In Sentencing; from Des Moines Register (IA), 3/19/06

Thousands of Federal Cases Kept Secret; from Associated Press (NC), 3/5/06

Cracks Exist In Drug Sentencing; from Worcester Telegram & Gazette (MA), 2/18/06

Judge Says Sentences Are Proper; from The Republican (MA), 1/209/06

Judges Show More Leniency On Crack Cocaine; from Wall Street Journal (US), 1/12/06

In the Wake of Booker, Some Small Relief for a Small Fraction of Federal Crack Cocaine Offenders; from Drug War Chronicle (US), 1/13/06

Prison Term Of 55 Years For Drugs Is Upheld; from New York Times (NY), 1/11/06

Prisoner Of The Status Quo; from Providence Phoenix (RI), 11/23/05

Judge Rails Against Drug Sentencing; from Providence Journal (RI), 11/20/05

11th Circuit Still Cool to 'Booker'; from Daily Business Review (US), 7/19/05

9th Circuit: Sentencing Laws Not Retroactive; from (US Web), 7/13/05

Lawmaker Prods Court, Raises Brows; from The Chicago Tribune (IL), 7/10/05

Ex-Prosecutors Criticize Sentencing In Utah Case; from The Oklahoman (OK), 6/26/05

High Court Declines To Consider Sentencing Guidelines Case; from The Associated Press (US), 6/20/05

Mandatory Sentence Struggle Far From Over; from The Forum (ND), 6/23/05

Editorial: One-Size-For-All Sentencing A Bad Fit For Justice; from The Athens Banner-Herald (GA). 6/23/05

High Court Declines To Clarify Sentencing-Guideline Decision; from The Wall Street Journal (US), 6/21/05

Editorial: Gangbusters And Court-Busters; from Daytona Beach News-Journal (FL), 5916/05

Congress Rekindles Battle on Mandatory Sentences; from The New York Times (NY), 5/11/05

Court Rules Sentences Can Be Challenged; from The Los Angeles Times (CA), 6/2/05

Fanfan Resentenced to 200 Months; From David Beneman, Maine CJA Resource Counsel, 5/24/05

Nora Callahan discusses Blakely/Booker on Cultural Baggage: part of The DrugTruth Network - January 25, 2005 episode (Mp3 Format - RealPlayer Format)
More Blakely News

U.S. High Court Ruling on Jury's Role in Sentencing Does Not Apply Retroactively, Court of Appeal Rules; from Metropolitan News-Enterprise (CA), 4/18/05

Politics Of Punishment; from The Daily Progress (VA), 3/22/05

Decision Rocked Judiciary, Renewed Debate On Drug War; from The Daily Progress (VA), 3/20/05

High Court Says Judges Can't Use Unproven Reports To Add Jail Time; from Associated Press (US), 3/8/05

Sentencing Guidelines Decision Not Retroactive; from Lawyers Weekly (US), 3/2/05

Congress Must Fix Inequitable Drug Sentences; from The Lexington Herald-Leader (KY), 2/14/05

McDade Sentencing Below Guidelines; from The Peoria Journal Star (IL), 2/12/05

Open Up, Your Honor; from The Washington Post (DC), 2/13/05

Sweeping Review Of Sentences Ordered; from The Los Angeles Times (CA), 2/10/05

ACLU Welcomes Congressional Review of Sentencing Guidelines; ACLU News Release (US), 2/10/05

Court Offers Chance Of Sentence Reform; from The Seattle Post-Intelligencer (WA), 2/8/05

A Crack in the Wall; from (US Web), 2/2/05

Put The Jury Back In The Jury System; from The Wisconsin State Journal (WI), 1/29/05

Sentencing Ruling Sows Confusion In Federal Courts; from The Spokesman-Review (WA), 1/28/05

High Court Orders Review Of Sentencings; from The Associated Press (Wire), 1/24/05

Let Judges Use Judgment; from The Washington Times (DC), 1/23/05

Sentencing and Sensibility; from The New York Times, 1/21/05

Shining Light In Sentencing Debate; from The Denver Post (CO), 1/21/05

Thanks To High Court, Drug Defendant Gets 2nd Chance; from The Buffalo News (NY), 1/20/05

Sound Judgments; from The Boston Globe (MA), 1/18/05

Judges' New Leeway In Passing Sentence May Change Little; from The New York Times (NY), 1/18/05

Prima Donnas In Robes; from The Los Angeles Times (CA), 1/17/05

Column: When Congress Plays Judge; from The San Francisco Chronicle (CA), 1-16-05

Editorial: Allow Federal Judges Discretion In Sentencing; from The Des Moines Register (IA), 1/15/05

Column: Court Deepens Sentencing Doubts; from The St. Paul Pioneer Press (MN), 1-14-05

Martha Stewart Worries About 'Depressed' Inmates; from The Wall Street Journal (US), 1/14/05

Supreme Court Overturns Federal Sentencing Guidelines; rfrom Democracy Now! (US Web), 1/14/05

Editorial: Make No Mistake; from The Drug War Chronicle (US Web), 1/14/05

Editorial: The Court On Sentencing; from The Washington Post (DC), 1/14/05

New Sentencing Battle Looms After Court Decision; from The Wall Street Journal (US), 1/14/05

Editorial: Judicious Leeway; from The Boston Globe (MA), 1/14/05

Justices' Revision Of Sentencing Rules Affects Thousands; from The San Jose Mercury News (CA), 1/13/05

High Court Declares Guidelines On Sentencing Violate Rights; from The Wall Street Journal (US), 1/13/05

Court Gives Judges Greater Sentencing Flexibility; from The Los Angeles Times (CA), 1-13-05

Legal Experts Debate Court Decision's Effect On Federal System; from The Washington Post (DC), 1-13-05

Supreme Court Transforms Use Of Sentence Guidelines; from The New York Times (NY), 1-13-05

High Court: Federal Sentencing System Wrongly Applied; from The Associated Press (US), 1-12-05

U.S. Sentencing Guidelines Made Advisory by Court; from (US Web), 1-12-05

Rehnquist's Health 'Big Story' For Court; from The Washington Times (DC), 1/10/05

In Wake Of Ruling, Disarray Plagues Federal Sentencing; from The Wall Street Journal (US), 12/28/04

OPED: Fix Sentencing Guidelines; from The Atlanta Journal-Constitution (GA), 12/16/04

In Final Sitting, No 'Blakely'-Related Decision From High Court; from The Legal Times (US Web), 12/13/04

Sentencing Guidelines On Trial; from The Philadelphia Inquirer (PA), 12/12/04

Mandatory Madness; from The Washington Post (DC), 12/7/04

Lawyers Work On Sentence Changes; from The Spokesman-Review (WA), 12/4/04

Imperfect Measure; from The Wall Street Journal (US), 12/2/04

Free Clarence Aaron; from The San Francisco Chronicle (CA), 11/28/04

Bench Pressed: When The Judge's Hands Are Tied; from (US Web), 11/23/04

Sentencing Plan In Works; from The Associated Press (US), 11/21/04

Justices Show Inclination to Scrap Sentencing Rules; from The New York Times, 10/5/04

Supreme Court Mulls Changing Sentencing Rules; from The Wall Street Journal (US), 10/5/04

Mandatory Sentences Loom as Issue; from The Wall Street Journal (US), 9/30/04

One-Size-Fits-All Sentences Create Judicial Muddle; from The Dodge City Daily Globe (KS), 9/28/04

Reasonable Doubts: How Judges Punish Defendants for Offenses Unproved in Court; from The Wall Street Journal (US), 9/20/04

Court Can't Fix Sentencing Law; from The Spokesman-Review (WA), 9/18/04

Sentencing Guidelines Revisited; from The Salem Statesman-Journal (OR), 9/9/04

Long Term In Drug Case Fuels Debate On Sentencing; from The New York Times (NY), 9/12/04

When - If Ever - Can Facts Found By Judges Lengthen Criminal Sentences? from (US Web), 9/7/04

Defendant Satisfied With Sentence; from The South Bend Tribune (IN), 9/1/04

Federal Magistrate In W.Va. Puts Sentencing Motions On Hold; from The Daily Press (VA), 8/20/14

Drug Seller's High Court Case Tests Judges' Power; from The Wisconsin State Journal (WI), 8/15/04

Federal Sentences Get Closer Scrutiny; from The Arkansas Democrat-Gazette, 8/13/04

Court Rescinds Threat to Hold Pay for 'Blakely'; from (US Web), 8/12/04

Reprieve on Sentencing Guidelines? from The CATO Institute (US - Web), 8/12/04

Trial By Jury; from The San Francisco Chronicle (CA), 8/10/04

Let Judges Do Their Job; from The Philadelphia Inquirer (PA), 8/9/04

Ruling Could Allow Longer Sentences To Be Challenged; from The St. Paul Pioneer Press (MN), 8/7/04

Justices To Sort Out Clash On Sentencing; from The San Jose Mercury News (CA), 8/3/04

Supreme Court To Consider Constitutionality Of Sentencing Guidelines; from The Wall Street Journal (US), 8/3/04

Justices Agree to Consider Sentencing; from The New York Times (NY), 8/3/04

High Court to Act Soon on Sentencing; from The Los Angeles Times (CA), 8/3/04

U.S. Sentencing Guidelines Draw Supreme Court Review; from Bloomberg News (US), 8/2/04

Supreme Court to Settle Sentencing Rules; from The Associated Press (US), 8/2/04

Proceed With Caution; from The National Law Journal (US), 7/26/04

Criminal Sentencing Takes Guesswork; from The Oklahoman (OK), 7/26/04

Federal Panel's Decision May Alter Sentencing Guidelines; from The Associated Press (US), 7/24/04

Court Backpedals On Ignoring Federal Sentencing Guides; from The Knoxville News-Sentinel (TN), 7/21/04

Federal Judge in Miami Rules Sentencing Guidelines Unconstitutional; from The Miami Daily Business Review (FL)

Ruling Causes Uncertainty in Sentencing; from The Los Angeles Times (CA), 7/22/04

Senators Press Court to Resolve Sentencing Rift; from The Wall Street Journal (US), 7/22/04

Supreme Court Asked to Rule on Sentences; from The Miami Herald (FL), 7/21/04

Justice Department Seeks Court Ruling To Restore Sentencing; from The Wall Street Journal (US), 7/21/04

Law Professor's Web Log Is Jurists' Must-Read; from The Wall Street Journal (US), 7/19/04

Reading Between The Sentences; from Newsweek Magazine (US), 7/18/04

In the Wake of Blakely: Senate Committee Hearing Seeks Sentencing Fix, 2nd Circuit Seeks Quick Supreme Court Hearing; from The Drug War Chronicle (US Web), 7/16/04

Judge Tests Limits Of New Federal Sentencing Plan; from The Knoxville News-Sentinel (TN), 7/15/04

Supreme Court Cleanup in Aisle 4; from (US Web), 7/16/04

No-Good Lazy Justices; from (US Web), 7/15/04

Editorial: A Supreme Mess; from The Washington Post (DC), 7/15/04

Judges Differ On Supreme Court Sentencing Case; The Associated Press (US), 7/14/04

Legal Quagmire: High Court Ruling Unleashes Chaos Over Sentencing; from The Wall Street Journal (US), 7/14/04

Confusion Rules In Federal Courts; from The Tampa Tribune (FL), 7/12/04

Sentencing Guidelines In Question; from The Advocate (LA), 7/11/04

In The Wake Of Blakely: Federal Sentencing Chaos As Defense Attorneys, Prosecutors, Lawmakers Ponder How To Respond, from The Drug War Chronicle (US Web), 7/9/04

Sentence Ruling Prompts Memo To Prosecutors; from The Wall Street Journal (US), 7/7/04

Sentencing Ruling Stirs S.C. Hope; from The Post and Courier (Charleston, SC), 7/6/04

Ruling Throws Federal Sentencing Into Chaos; from The Charlotte Observer (NC), 7/3/04

20-Year Drug Sentence Tossed Over Supreme Court Ruling; from The Charleston Gazette (WV), 7/1/04

Utah Judge Rejects U.S. Sentencing Rules; from The Associated Press, 7/1/04

Supreme Court Ruling Portends Massive Changes in Federal Sentencing; from The Drug War Chronicle (US Web)

Lawyer Invokes Sentencing Ruling; from The Chicago Tribune (IL), 7/2/04

Sentencing Ruling Delays Hearings; from The Charleston Gazette (WV), 6/30/04

Juries Get Their Day in Court; from The Christian Science Monitor (US), 6/28/04

Sentencing Decision's Reach Is Far And Wide; from The New York Times (NY), 6-27-04

Thousands Of Cases In Doubt After Decision On Sentencing; from The Los Angeles Times (CA), 6-26-04

Ruling Puts Limits On Scope Of Judge's Sentencing Powers; from The Wall Street Journal (US), 6/25/04

Only Juries Can Give Criminals More Time; from The Spokesman-Review (WA), 6/25/04

Justices, In 5-4 Vote, Raise Doubts On Sentencing Rules; from The New York Times (NY), 6/25/04

Court Limits Judges On Resentencing; from The Philadelphia Inquirer (PA), 6/25/04

High-Court Ruling Creates Turmoil Over Sentencing; from The Seattle Times (WA), 6/25/04

Jury Role In Raising Sentences Affirmed Ruling May Affect States' Procedures; from The Washington Post (DC), 6/25/04

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