NEW SUPREME COURT UPDATE: SENTENCING GUIDELINES
February 2005

The birthing process was protracted, ugly, and unprincipled. But the baby doesn't look as bad as expected. And it may do OK unless it's strangled in its crib by Congress or abused by the judiciary.
Stuart Taylor, Jr., How to End Interbranch Warfare on Criminal Sentencing, National Journal, National Journal Group, Inc. Monday, Jan. 24, 2005.

That's one expert's take on the recent Supreme Court decision. In United States v. Booker, 2005 U.S. LEXIS 628 (2005), the United States Supreme Court held that Blakely v. Washington, a 2004 U.S. Supreme Court decision, applied to the federal criminal sentencing guidelines, and that the Sixth Amendment prevented judges from finding facts that exposed a criminal defendant to increased prison time. A different majority struck down the provision of the Sentencing Reform Act that made the federal criminal sentencing guidelines mandatory, and explained that the guidelines were now to be considered advisory.

So what does all of this mean? It's still too early to tell how the federal courts will interpret and apply Booker. Criminal defense lawyers and prosecutors from Dallas to Detroit are watching this drama continue to unfold. The courts will probably still perform some sort of guideline calculation, and they will consider the guideline range, but they will also be required to consider the other federal criminal sentencing factors contained in Title 18, United States Code, Section 3553, which states, in relevant part, that the court shall impose a sentence sufficient, but not greater than necessary.

In reaching this determination, the federal district courts shall consider: the nature and circumstances of the offense and the history and characteristics of the defendant, the seriousness of the offense, the promotion of respect for the law, deterrence, the protection of the public from further crimes of the defendant, the medical and educational needs, the kinds of sentencing available, the need to provide restitution to any victims of the offense, and the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct.

Bottom line: Federal Judges have regained at least some of the discretion that the Sentencing Guidelines took away from them. In my opinion, that's a good thing.

Click here to view an example of how at least one federal district judge is using the discretionary sentencing power resurrected by the Booker decision. Enjoy.