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Disclaimer: The tips in this presentation are general in nature. Please use your discretion while following them. The author does not guarantee legal validity of the tips contained herein. www.petruslaw.com Criminal Defense Federal Lawyer NY Phone: 212-385-1961 /212-564-2440 Email: paul@petruslaw.com
Overview
Originally, the Federal Sentencing Guidelines were deemed as mandatory, however, the Supreme Courts decision in United States v. Booker 543 U.S. 220 (2005), found that the guidelines as originally constituted, violated the Sixth Amendment right to trial by jury.
Overview
The solution chosen was excision of those provisions of the law establishing the guidelines that made them mandatory standards. So, the guidelines have become discretionary; Judges may consider them, but are not required to adhere to their standards in sentencing decisions.
Additionally, there is a specific law that indicates whether the judge is to increase or decrease the recommended sentence by more than a certain percentage. In this case, a written letter must identify the specific reasons why they are departing from the sentence.
For each pairing of offense level and criminal history category, the Sentencing Table, found in the Guidelines Manual specifies a sentencing range, in months, within which the court may sentence a defendant.
Contact Us:
Paul D. Petrus, Jr. New York Federal Criminal Defense Attorney The Empire State Building 350 Fifth Avenue, Suite 3601 New York, NY 10118 Phone: 212-385-1961 /212-564-2440 paul@petruslaw.com www.petruslaw.com