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Wednesday, August 09, 2006

Ind. Decisions - More on today's 7th Circuit sentencing decision, overturning SD Ind.

My jaw dropped when I read today's 7th Circuit decision in USA v. Jointer (see ILB entry from earlier this afternoon here). However, I haven't been following the post-Booker federal decisions closely enough to believe I could comment adequately. Fortunately, Doug Berman of Sentencing Law Blog has now posted his take on the ruling. Some quotes:

Perhaps courts ignore statutory text all the time while claiming to be faithful to legislative choices. But I will never get accustomed to the way circuit courts are fabricating stories about federal sentencing law to justify reversing district judge decisions not to follow the crack guidelines after Booker. * * *

According to Jointer, the district court "followed neither the statutory language set out by Congress nor the applicable guidelines sections."

HUH??? What statutory language did the district court not follow? I have identified above the "statutory language set out by Congress" that the Seventh Circuit has ignored in Jointer, but I cannot for the life of me figure out what "statutory language set out by Congress" that the district court failed to follow.

Posted by Marcia Oddi on August 9, 2006 06:46 PM
Posted to Ind. (7th Cir.) Decisions