The Law Library

An Introduction to Federal Guideline Sentencing (9th ed. April. 2006). A brief introduction to federal sentencing under the Sentencing Reform Act of 1984, incorporating changes brought about by United States v. Booker. Includes a summary of the relevant statutes and the Guidelines Manual, and provides tips for applying the guidelines, commentary on plea bargaining, and traps for the unwary. In pdf format.

Commission Clarifies Meaning of USSG §1B1.10(b)(2)(B): Clients Who Received Non-Guideline Sentence Under Booker Still Eligible for Crack Retroactivity Sentence Reduction - 2008

The amended guideline retroactivity policy statement, USSG §1B1.10, states at §1B1.10(b)(2)(B) that “if the original term of imprisonment constituted a non-guideline sentence determined pursuant to 18 U.S.C. § 3553(a) and United States v. Booker, 543 U.S. 220 (2005), a further reduction generally would not be appropriate.” This appears to suggest that clients are not entitled to relief under the amendment if they received a non-guideline sentence under Booker.

However, Sentencing Resource Counsel, as well as many Federal Defenders, report that at the Crack Summits in Charlotte and St. Louis, and at the Defender conference in Seattle, the Commission explained that §1B1.10(b)(2)(B) applies only if the original sentencing judge did not consider the guidelines at all. This acknowledgment is good news because there should be no instances in which judges ignored the guidelines. A sentencing judge must consider the guidelines, even if she then rejects them as unsound policy, and to do otherwise is reversible error. Gall v. United States, 128 S.Ct. 586, 596 (2007); Kimbrough v. United States, 128 S.Ct. 558, 564, 570 (2007); Rita v. United States, 127 S.Ct. 2456, 2465, 2468 (2007); United States v. Booker, 543 U.S. 220, 245-46 (2005).

Summer issue (May 2007) of the The Liberty Legend which is published by the National Association of Federal Defenders