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- Title
"CONSULTING" THE FEDERAL SENTENCING GUIDELINES AFTER BOOKER.
- Authors
Bissonnette, Gilles R.
- Abstract
The article claims that the mandatory nature of the Federal Sentencing Guidelines has violated the Sixth Amendment in the court hearing of the U.S. versus Booker because they require a judge to enhance a defendant's sentence based in facts that were neither found by a jury nor admitted by the defendant. The Booker opinion did not explain what it meant to consult the guidelines, an omission that has led to a discordant symphony of sentencing approaches in the federal inquiry.
- Subjects
UNITED States; CRIMINAL sentencing; COURT system; TRIALS (Law); PROCEDURE manuals
- Publication
UCLA Law Review, 2006, Vol 53, Issue 6, p1497
- ISSN
0041-5650
- Publication type
Article