Booker, FanFan 1-2-3
...Many Commissioners and witnesses at the USSC hearings (basics here) expressed the view that judges at sentencing must now
- (1) calculate an applicable guideline range, and then
- (2) make traditional departure determinations under the guidelines, and then
- (3) decide whether to follow or vary from the (now advisory) guidelines based on the 3553(a) factors.
But, Prof. Berman says, beware:
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