Home -> Law Blog Directory -> Criminal Law Blogs -> Puerto Rico Association of Criminal Defense Lawyers

Criminal Law

: Puerto Rico Association of Criminal Defense Lawyers

. . . and then take that great discretionary leap

By Tom Lincoln

It appears that the First Circuit is about to take a serious look at the meaning of "advisory" as applied to the sentencing guidelines post-Booker. This has arisen in the context of the appeals from the Rhode Island federal cases in which District Judge Ernest Torres rejected the 100:1 crack to powder cocaine disparity. Professor Berman at Sentencing Law and Policy has a link to the audio of the oral argument here. The question involves what the person (whom I believe from the audio to be Judge Selya) tells defense counsel about the importance of deciding at what point are the guidelines advisory. Booker required courts to consult the guidelines. Does consult mean that I will look at the guidelines and if I don't like a particular guideline I will ignore it, or does consult mean that the Judge has to calculate the correct guideline and then, as government counsel stated, "...continue to full post

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on December 11, 2005 (boomark / email).