Saturday, February 19, 2005

Weekly Blakely Booker Update: List of Departure Factors!

We have compiled a comprehensive list and discussion of mitigating factors that can now be argued on behalf of federal defendants and prisoners who file appeals and receive re-sentencings.

Remember, under Booker and Fanfan, federal judges should sentences defendants (and prisoners who file appeals) under 18 USC 3553(a) which is a list of broad factors that mitigate sentences.
Here is a list of 108 mitigants that can be argued on behalf of defendants who are entitled to Blakely Booker or Fanfan relief.

http://sentencing.typepad.com/sentencing_law_and_policy/files/levine_108_easy_mitigating_factors_feb_1.doc

Professor Douglas Berman also has provided us with an excellent summary of how judges should now sentence prisoners:

http://sentencing.typepad.com/sentencing_law_and_policy/2005/02/departures_vari.html

Chip Venie, Esq.
(619) 235-8300
chipesq@hotmail.com



Chip Venie is an attorney in San Diego California who concentrates his practice in criminal defense. Mr. Venie is admitted to practice in Courts throughout the United States (Michigan, California, Washington, D.C., federal courts in California, Michigan, Tennessee, Virginia, Ohio, Maryland, South Carolina, North Carolina).

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