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What’S The Deference? Interpreting The U.S. Sentencing Guidelines After Kisor, Liam Murphy
What’S The Deference? Interpreting The U.S. Sentencing Guidelines After Kisor, Liam Murphy
Vanderbilt Law Review
For more than three decades, the U.S. Sentencing Guidelines have constrained the punishment doled out by federal judges, limiting discretion that was once nearly unlimited and bringing standardization to the penological decisionmaking process. For twice as long, the Supreme Court has constrained judges in a different way—by requiring that administrative agencies receive deference when they interpret the meaning of their own regulations. At the convergence of these two domains sits “commentary,” or interpretive notes the U.S. Sentencing Commission appends to the otherwise congressionally approved Guidelines. In Stinson v. United States, the Court made clear that commentary should be reviewed and …
The Ills Of The Federal Sentencing Guidelines And The Search For A Cure: Using Sentence Entrapment To Combat Governmental Manipulation Of Sentencing, Robert S. Johnson
The Ills Of The Federal Sentencing Guidelines And The Search For A Cure: Using Sentence Entrapment To Combat Governmental Manipulation Of Sentencing, Robert S. Johnson
Vanderbilt Law Review
Consider the following scenario:' The police conduct an under- cover sting operation targeting drug traffickers. An undercover officer approaches a suspected drug dealer and arranges to purchase crack cocaine. Over a period of five weeks, the suspect makes seven sales to the officer, and the police arrest him after the final sale. The total amount sold by the defendant was 50.4 grams, just enough to place him within the mandatory minimum sentence of ten years. Had he sold up to 49.9 grams, his mandatory minimum sentence would only have been five years. The district court hearing this case found it …
Federal Sentencing Guidelines For Organizational Defendants, Emmett H. Miller, Iii
Federal Sentencing Guidelines For Organizational Defendants, Emmett H. Miller, Iii
Vanderbilt Law Review
The first Federal Sentencing Guidelines for Organizational Defendants ("Guidelines") became effective on November 1, 1991.' The Guidelines represent the federal government's latest action in the developing area of organizational sanctions and are the result of three years of work and several prior draft proposals by the United States Sentencing Commission. Part II of this Recent Development examines past legal and theoretical approaches to the problem of organizational sentencing. Part III describes both the past and present efforts of the United States Sentencing Commission to promulgate sentencing guidelines for organizations. Part IV analyzes the new Guidelines in light of the statutory …