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Deconstructing the federal career offender guidelines

By Douglas A. Berman

As noted here, the federal defenders' first paper in its important "Deconstructing the Guidelines" project addressed the child porn guidelines (and has already been cited by a district court to justify a below-guideline sentence).  I now see that a second paper has now been posted, and it is titled "Deconstructing the Career Offender Guideline."  This extraordinary paper runs 50 pages, and can be accessed here along with helpful appendices.  Here is part of the paper's introduction:The career offender guideline does not reflect ?empirical data and national experience? and ?do[es] not exemplify the Commission?s exercise of its characteristic institutional role.? Kimbrough, 128 S. Ct. at 575.... Part II (pp...continue to full post

Full post as published by Sentencing Law and Policy on June 22, 2008 (boomark / email).