Wednesday, December 06, 2006

 

Policy Wonk Update!

I see that Doug Berman over at Sentencing law and policy has posted my query about what happened in the 8th Circuit... it will be interesting to see if he gets any responses.

The opinion of the Eighth Circuit in Spears is available here. Part of what makes me upset is probably selfish-- the dissenters (that is, the majority of the original panel) adopted nearly all of the argument in my brief, and even focused at great length on the Sentencing Commission's 2002 report, which I raised at oral argument (in part at Doug's urging). I suppose there is a lesson there-- that oral argument can be good for something.

Comments:
Osler,

I told your "crack haus" story to some friends over the weekend. The result was roaring laughter.

-B
 
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