Wednesday, September 01, 2004

Booker & Fanfan Briefs filed today by petitioner United States and Amici "for" petitioner

The U.S. Sentencing Commission's amicus brief in Booker and Fanfan was filed today. Also filed today was an amicus brief by Senators Hatch, Kennedy and Feinstein which Professor Berman has posted at Sentencing Law and Policy.

We are still awaiting for the Solicitor General's brief.

UPDATE: The United States' brief in Booker and Fanfan, also courtesy of Professor Berman at Sentencing Law and Policy.

I can't comment yet on any of these, as I'm still reading them. I am particularly interested in the severability argument from the government, although I will note that at least the amicus brief filed by the Senators keeps emphasising that the Sentencing Gudleines were intended to operate as an integrated whole. The Sentencing Commission mentions the differences (as they describe them) between the Washington State statutory guidelines and the non-statutory federal guidelines in that "independent" commission in the judiciary. They mention the changes to the Commission's membership brought about by the PROTECT Act in a footnote, without giving it any importance whatsoever.