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The brave new world of federal
sentencing has commenced.
The Supreme Court's decision in United States v. Booker, 2005 WL 50108 (U.S.
January 25, 2005)
ended the 17-year experiment with mandatory federal sentencing guidelines.
The two opinions of the Court in Booker hold (1) that the United
States Sentencing Guidelines violate the Sixth Amendment in requiring judges
to impose sentences within ranges dictated by facts not found by juries
beyond a reasonable doubt and (2) that the Guidelines will now be regarded
as advisory. Sentencing courts must take account of the Guidelines
calculation, applicable policy statements, and the sec. 3553(a) factors to
be considered in imposing a sentence. Beneath that fairly straightforward
holding is much nuance, and exactly how the Booker holdings will be
manifested in actual sentencing proceedings and in plea negotiation remains
to be seen. Attorneys may wish to consult "The
Booker Primer: A New World of Federal Sentencing," prepared by
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Defenders Celebrate 30 Years
It has been thirty years since Charles
Bernstein's appointment as the first Federal Public Defender for the
District of Maryland, and this December, FPD lawyers and staff members and their
families gathered to celebrate. Former defenders Bernstein, Fred
Warren Bennett, and James Bredar joined current FPD Jim Wyda in welcoming
their former and current staff at a reunion dinner at
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