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Beyond Blakely: Implications of the Booker Decision for State Sentencing Systems
Publication year:
2005
| Cataloged on:
Oct. 31, 2006
ANNOTATION: This article explains how United States v. Booker offers little guidance to those individuals at the state level involved in offender sentencing. Topics covered include: unpacking the Booker holdings -- substance and solution; reading Booker in light of Blakely; the source of the legal rule -- a distinction rejected; voluntary sentencing guidelines -- approved and clarified; a cautionary tale about traditional sentencing findings; no comment on retroactivity; harmless error analysis; and issues not addressed in Booker.