[lbo-talk] Supremes trash federal sentencing guidelines

Leigh Meyers leigh_m at sbcglobal.net
Wed Jan 12 09:06:40 PST 2005


Bloomberg: January 12, 2005 10:23 EST Federal Sentencing Guidelines Cut Back by U.S. Supreme Court

http://www.bloomberg.com/apps/news?pid=10000087&sid=a901413gpwmo&refer=top_world_news#

Jan. 12 (Bloomberg) -- The U.S. Supreme Court struck down aspects of the federal criminal sentencing guidelines in a decision that may bolster the rights of convicted drug traffickers and corporate-fraud defendants.

The justices, ruling in two drug cases, said the guidelines unconstitutionally call on judges to increase the range of possible sentences based on their own factual findings, rather than those of a jury.

Today's decision said that practice violates the constitutional right to a jury trial.

The court said the guidelines will no longer be mandatory on federal judges and instead will be ``effectively advisory.'' <>

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