2015 Proposed Amendments to Fraud Sentencing Guidelines: A Good StartJanuary 2015
This month marks the ten-year anniversary of United States v. Booker, the landmark case that transformed the Federal Sentencing Guidelines into advisory sentencing rules. In the years following Booker, observers have recognized that the Sentencing Guidelines for white-collar fraud cases are not working as “guidelines.” The Guidelines often recommend sentences that are simply out of step with what most courts are willing to mete out. As a result, judges are frequently varying from the sentences recommended by the Guidelines, often substantially. This in turn often leads to significant disparities among defendants who have committed similar crimes and who have similar criminal records, a result that judges are instructed to avoid.
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