About a year ago, the Supreme Court in United States v. Booker declared a new standard for the appellate review of federal sentences-reasonableness. Justice Breyer, writing for the Court, asserted reassuringly that the reasonableness standard is not really new at all because judges had been applying it for years to review sentences for crimes lacking specific guidelines, sentences imposed after probation revocation, and, at least until 2003, sentences based upon departures from the recommended guideline range. Like most new legal standards that take shape case-by-case through the appellate process, reasonableness review is developing incrementally, creeping more clearly into view with each passing month. This Essay offers five observations ...
This article is an elaboration of testimony I gave in February 2012 at a U.S. Sentencing Commission ...
The concept of reasonableness pervades constitutional doctrine. The concept has long served to struc...
United States v. Booker held that the Federal Sentencing Guidelines ( Guidelines ), as they were app...
article published in law reviewAbout a year ago, the Supreme Court in United States v. Booker declar...
When the United States Supreme Court instructed federal appellate courts to use a reasonableness s...
Modern federal appellate review of sentences is a recent phenomenon introduced by the Sentencing Ref...
United States v. Booker held that the Federal Sentencing Guidelines ( Guidelines ), as they were app...
When the United States Supreme Court instructed federal appellate courts to use a reasonableness s...
After the United States Supreme Court announced in United States v. Booker that, henceforth, federal...
In United States v. Booker, the Supreme Court excised two provisions of the Sentencing Reform Act of...
This Article is the first to analyze critically the jurisdictional basis for the Supreme Court’s man...
This essay surveys the sentencing issues left open by Rita v. United States and considers how the pr...
In United States v. Booker, the Supreme Court held that the Federal Sentencing Guidelines are no lon...
Modern federal appellate review of sentences is a recent phenomenon introduced by the Sentencing Ref...
The much anticipated Supreme Court decision in United States v. Booker and Fanfan has both invalidat...
This article is an elaboration of testimony I gave in February 2012 at a U.S. Sentencing Commission ...
The concept of reasonableness pervades constitutional doctrine. The concept has long served to struc...
United States v. Booker held that the Federal Sentencing Guidelines ( Guidelines ), as they were app...
article published in law reviewAbout a year ago, the Supreme Court in United States v. Booker declar...
When the United States Supreme Court instructed federal appellate courts to use a reasonableness s...
Modern federal appellate review of sentences is a recent phenomenon introduced by the Sentencing Ref...
United States v. Booker held that the Federal Sentencing Guidelines ( Guidelines ), as they were app...
When the United States Supreme Court instructed federal appellate courts to use a reasonableness s...
After the United States Supreme Court announced in United States v. Booker that, henceforth, federal...
In United States v. Booker, the Supreme Court excised two provisions of the Sentencing Reform Act of...
This Article is the first to analyze critically the jurisdictional basis for the Supreme Court’s man...
This essay surveys the sentencing issues left open by Rita v. United States and considers how the pr...
In United States v. Booker, the Supreme Court held that the Federal Sentencing Guidelines are no lon...
Modern federal appellate review of sentences is a recent phenomenon introduced by the Sentencing Ref...
The much anticipated Supreme Court decision in United States v. Booker and Fanfan has both invalidat...
This article is an elaboration of testimony I gave in February 2012 at a U.S. Sentencing Commission ...
The concept of reasonableness pervades constitutional doctrine. The concept has long served to struc...
United States v. Booker held that the Federal Sentencing Guidelines ( Guidelines ), as they were app...