Post-Booker Sentencing Still Frustrates Defense Bar

Law360, New York (September 27, 2010, 5:56 PM EDT) -- Five years after a U.S. Supreme Court ruling handed federal judges greater sentencing discretion, judges have not dramatically reduced prison sentences — much to the chagrin of white collar defense attorneys.

In the 2005 ruling United States v. Booker, the high court said the sentencing guidelines were constitutional only if they were advisory and not mandatory, and told appeals courts to review sentences for “reasonableness.”

At the time, defense attorneys predicted a seismic shift in sentencing, but so far the change has yet to materialize, experts...
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