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Practitioner's Notes: Federal Sentencing Guideline Analysis Has No Place in State Court

By Douglas A. Berman

It seems obvious, at least to me, that the federal sentencing guidelines do not apply in state courts.  Indeed, there is an intermediate appellate decision in New York in which this ?issue? was addressed by the court.  The Appellate Division, First Department, in People v. Sung Min, 249 A.D.2d 130, 671 N.Y.S.2d 480 (1st Dept. 1998), explains:  ?While there exist United States Sentencing Guidelines established by the United States Sentencing Commission, pursuant to 28 USC § 994, they apply exclusively to Federal Courts.  There are no sentencing guidelines for New York State Courts.? Apparently, however, it is less obvious to others, as intrepid state and local prosecutors are trying to impose the federal sentencing guidelines on state court criminal sentencings by suggesting that they are ?informative...continue to full post

Full post as published by Sentencing Law and Policy on August 05, 2008 (boomark / email).