09 June 2006

10th Circuit Cites Blog

The 10th Circuit Court of Appeals cited the Sentencing Law and Policy blog (although was unswayed by its observations), in a recent sentencing opinion. Slip Op. at page 21 (describing Douglas Berman, the blog's proprietor, as "a leading academic chronicler of sentencing decisions.").

The decision, while ultimately unfavorable to the defendant, who received a downward departure from the sentencing guidelines overturned on appeal, does do a thoughtful job of examining the contradictory mess that the Booker decision has spawned with its remedy (theoretically increased judicial discretion) that seems inconsistent with its basis (protecting the right to a jury trial). The decision, U.S. v. Cage, is one the first significant published sentencing decisions made since Booker addressing out of guideline sentences in the 10th Circuit, a federal appellate court territory that includes Colorado.

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