Booker Rules (with Amy Baron-Evans), 160 University of Pennsylvania Law Review 1631 (2012)
In United States v. Booker, the Supreme Court excised two provisions of the Sentencing Reform Act of 1984 (SRA) that had made the Sentencing Guidelines binding on sentencing judges: 18 U.S.C. § 3553(b), the provision that had confined departures to specified, limited circumstances, and 18 U.S.C. § 3742(e), the standard of review under which courts of appeals had enforced those limitations. The Court made the law of sentencing the purposes and factors set forth in 18 U.S.C. § 3553(a), and the standard of review for all sentences, inside or outside the guideline range, the "reasonableness" of the sentencing judge's application of that law.
Date of Authorship for this Version
Stith, Kate, "Booker Rules" (2012). Faculty Scholarship Series. Paper 4168.