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Criminal Law

: Sentencing Law and Policy

Why the proposed new federal guideline amendments are symbolically important

By Douglas A. Berman

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There are lots of practical and technical reasons why the proposed new federal guideline amendments released today by the US Sentencing Commission (basics here) are quite important and potentially very consequential for the day-to-day work of litigants and judges in the federal sentencing system.  But, the ivory-tower academic in me cannot help but suggest that folks note and reflect upon the symbolic importance of these new amendments.  Let me explain. First, these amendments are really the first set of changes to the US Sentencing Guidelines that fully and formally reflect the import and impact of the Supreme Court's decision in Booker.  It is pretty crazy and sad that it has taken the USSC more than five years to fully deal with Booker as the law of the land, but it is also quite significant and telling that the Commission is now making sure that the guidelines expressly take account of post-Booker realities...continue to full post

Full post as published by Sentencing Law and Policy on April 30, 2010 (boomark / email).

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