Sunday, February 13, 2005
At National Association of Criminal Defense Lawyers (NACDL) MidWinter Board meeting, held in New Orleans, the Board of Directors passed the following resolution presented by Carman Hernandez:
RESOLVED, that, in light of the United States Supreme Court's decisions in United States v. Booker, ___U.S.___ (Jan. 12, 2005), the NACDL urges the United States Congress to take the following steps to assure that federal sentencing practices, in compliance with all constitutional requirements, are just and fair and effectuate the goals of sentencing set forth in the Sentencing Reform Act:
- Permit federal courts to sentence as provided in United States v. Booker by considering all factors set out in 18 U.S.C. section 3553(a), including consideration of the federal guidelines as provided in section 3553(a)(4) and (a)(5);
- Direct the United States Sentencing Commission to assemble and analyze all available information regarding sentences and discretionary charging decisions, including findings and conclusions of law required by 18 U.S.C. section 3553(c), and all other relevant information, and submit a Report with recommendations to the Congress within 12 months in light of that information; and
- While awaiting the Report from the Sentencing Commission, conduct hearings and solicit input from all constituents within the federal criminal justice system as well as consider information available regarding sentencing practices within the various states, regarding how post-Booker sentencing practices and procedures comply with the purposes of sentencing, conform to constitutional requirements and furthered just and wise sentencing policy; and, lastly how post-Booker sentencing practices compare to any alternative legislative options.
February 13, 2005
New Orleans, Louisiana