Supreme Court to Revisit Federal Sentencing
The Booker decision gave federal judges an opportunity to craft sentences that are appropriate to the offender and offense, guided but not bound by the federal sentencing guidelines. Appellate courts after Booker are to review sentences for reasonableness.
Many federal appellate courts have undermined the Booker decision by reversing sentences that fall below the advisory guideline sentence, and some have gone so far as to deem a guideline sentence presumptively reasonable, while giving less deferential scrutiny to sentences that are more lenient than the guidelines suggest. (Courts seem less troubled by sentences that exceed the advisory guideline.) These decisions have the practical effect of restoring the binding force of the guidelines, recreating the constitutional problem that Booker purported to solve: mandatory punishment for crimes that are never proved to a jury. (TalkLeft background on the Booker decision is collected here.)
The Supreme Court on Friday accepted review of two cases that question whether within-guideline sentences deserve more deferential review than those that fall outside the guidelines.
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