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Booker Resources

To help guide your reading and research among the tankers of ink dealing with Booker, here are several articles recently circulated that are geared to our practice. Additional resources can be found at the Office of Defender Services Training Branch website.

138 Easy Mitigating Factors: Cases Granting, Affirming or Suggesting Mitigating Factors - (last updated on February 1, 2006) by Michael R. Levine, Law Offices of Michael R. Levine, Portland, Oregon. This document is available from the author for a fee of $100. Contact Michael Levine for more information at michaellevineesq@aol.com.

Booker Litigation Strategies (Last revision - April 20, 2005) - The Philadelphia Federal Defender Office has compiled a reference outline discussing the impact of the Supreme Court's recent decision in United States v. Booker. This version, updated on is in PDF format, and a copy in WordPerfect format is available upon request.

A Booker Advisory: Into the Breyer Patch - This wonderful article by Jon Sands and friends is available on "Sentencing Law and Policy", a blog owned by Douglas A. Berman, Professor of Law at Ohio State University's Moritz College of Law.

Presumptively Unreasonable: Using the Sentencing Commission's Words to Attack the Advisory Guidelines - A very useful article by Anne Blanchard and Kristen Gartman slated for publication in The Champion presents helpful ammunition from the Sentencing Commission's report, "Fifteen Years of Guidelines Sentencing: An Assessment of How Well the Federal Criminal Justice System is Achieving the Goals of Sentencing Reform" (2004). Like the article above, it originates from Dr. Berman's "Sentencing Law and Policy" blog.

Post-Booker Decisions - An Outline - A compilation of post-Booker decisions as of April 25, 2005; prepared by Frances H. Pratt, Research and Writing Attorney, Office of the Federal Public Defender, Alexandria, Virginia

Memorandum: Reasonable Doubt Sentencing Standard - A memorandum from Steve Sady and Steve Wax of the Federal Defender's office in Oregon, arguing that the reasonable doubt standard should apply when, post-Booker, contested facts are alleged that would increase the advisory guideline range.

USSC Report - "Report on the Impact of United States v. Booker on Federal Sentencing" - dated March 2006.

We hope these prove useful to the Criminal Justice Act Panel in this District as we all confront the opportunities and challenges of post-Booker sentencing. Please feel free to contact our office if you have any questions or comments. If for some reason you cannot retrieve the online resources, call us and we'll mail or fax you a copy.

This page was last updated on June 22, 2007.