Federal Sentencing Data from US Sentencing Commission: Doug Berman posted the links to three new data sets that the US Sentencing Commission posted on its website this morning. His post has links to the September 2008 update of the U.S. Sentencing Commission Preliminary Post-Kimbrough/Gall Data Report; the FY2008 3rd Quarterly Sentencing Update; and Preliminary Crack Cocaine Retroactivity Data Report. Berman promises more on the new tables once he has a chance to "chew" on the data.

Kennedy v. Louisiana Update: Briefs, on the question of possible rehearing of Kennedy v. Louisiana , were filed with the U.S. Supreme Court today. Lyle Denniston has a post discussing briefs submitted by Kennedy's defense counsel and the U.S. Solicitor General. According to Denniston, the defense brief argues that military law is beside the point when deciding the constitutionality of criminal sentences for civilians. The defense brief apparently argues that because the Supreme Court has "never looked to military law to provide guidance in conducting Eighth Amendment analyses of state capital punishment laws," it should not be considering them in this case. The Justice Department, on the other hand, urged the Court to to reopen the case, and change it, at least by allowing that sentence in “aggravated cases” of child rape, perhaps in a military setting. The brief apparently contends “[t]he Court should not displace a recent and emerging consensus reflected in the judgment of the Nation’s political Branches that a particular punishment is appropriate and proportionate.” The state of Louisiana apparently has until next Wednesday to file its brief.