The House Subcommittee on Crime, Terrorism & Homeland Security was told yesterday that “there was no need for “Booker legislation’ because federal judges’ practices in sending convicted criminals to prison remained much the same as they were before the Supreme Court invalidated mandatory sentencing guidelines last year,” and warned in that “topless guidelines” in which defendants generally could be sentenced above a recommended range of years, but not below, might not survive a constitutional challenge and, if invalidated, might enable every defendant sentenced under them to personally appear before a trial court for re-sentencing.
· Statement by Judge Richardo Hinojosa, chair of U.S. Sentencing Commission
· Testimony by Judge Paul Cassell, chairman of Committee on Criminal Law
· “Sentencing Debate” material, U.S. Judiciary Council
· “Booker/Fanfan” material, U.S. Sentencing Commission