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Booker and Fan Fan Decisions In on Sentencing Guidelines | 14 comments (14 topical)
Re: Booker and Fan Fan Decisions In on Sentencing (none / 0) (#14)
by Talkleft Visitor on Thu Jan 20, 2005 at 05:29:55 PM EST
What a victory TChris! I have a sentencing next week where the guy was looking at a mandatory minimum of 10 based on the amount of meth he sold. But the case was shakey so we were allowed to plead to a telephone count. Tele count carries maximum 48 months. His guidelines (if they still exist) are much much higher. There is a case in the 11th Circuit which says that when the guidelines are higher than the maximum statutory sentence you compute any downward departures, NOT from the guideline sentence but from the statutory maximum of 4 years. Now Messrs. Booker and Fanfan make it possible for this District Court judge to follow Rodriguez (11 th Cir.) as the guidelines are ADVISORY but not MANDATORY. Yeah!

Booker and Fan Fan Decisions In on Sentencing Guidelines | 14 comments (14 topical)

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