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Federal Judiciary

: Second Circuit Sentencing Blog

We Mean It: The Guidelines Are Advisory

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Nelson v. United States, No. 08-5657, 2009 WL 160585 (Jan. 26, 2009)

The Supreme Court is done pussyfooting around. As Doug Berman's Sentencing Law & Policy blog notes, the Court meant it when they said the Guidelines are advisory. Here's the key passage from Nelson:

In this case, the Court of Appeals quoted . . . from Rita but affirmed the sentence anyway after finding that the District Judge did not treat the Guidelines as mandatory. That is true, but beside the point. The Guidelines are not only not mandatory on sentencing courts; they are also not to be presumed reasonable.

Full post as published by Second Circuit Sentencing Blog on January 27, 2009 (boomark / email).

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