Law Commons^™

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 …

Location, Location, Location: The Federal Sentencing Guidelines' Abduction Enhancement And The Meaning Of "Different Location", Sabrina Jemail

University of Cincinnati Law Review

No abstract provided.

First Principles And Practical Politics: Thoughts On Judge Pryor's Proposal To Revive Presumptive Federal Sentencing Guidelines, Frank O. Bowman Iii

Faculty Publications

In recent remarks to the American Law Institute, Judge William Pryor recommended abandonment of the post- Booker advisory version of the Federal Sentencing Guidelines and adoption of a simplified presumptive federal guidelines system. There was a time when I shared Judge Pryor's optimism that a sensible system of simplified presumptive sentencing guidelines could be enacted and could achieve its beneficent ends for a useful period thereafter. I have not yet surrendered the dream, but I confess to increased skepticism. The remainder of this essay will explain my pessimistic turn.

Quiet Rebellion Ii: An Empirical Analysis Of Declining Federal Drug Sentences Including Data From The District Level, Frank O. Bowman, Michael Heise

Michael Heise

This is the second of two articles in which we seek an explanation for the hitherto unexamined fact that the average length of prison sentences imposed in federal court for narcotics violations declined by more than 15% between 1991-92 and 2000. Our first article, Quiet Rebellion? Explaining Nearly a Decade of Declining Federal Drug Sentences, 86 Iowa Law Review 1043 (May 2001) ( "Rebellion I" ), examined national sentencing data in an effort to determine whether the decline in federal drug sentences is real (rather than a statistical anomaly), and to identify and analyze possible causes of the decline. We …

The Effects Of Booker On Inter-Judge Sentencing Disparity, Ryan W. Scott

Articles by Maurer Faculty

No abstract provided.

Quiet Rebellion Ii: An Empirical Analysis Of Declining Federal Drug Sentences Including Data From The District Level, Frank O. Bowman, Michael Heise

Cornell Law Faculty Publications

This is the second of two articles in which we seek an explanation for the hitherto unexamined fact that the average length of prison sentences imposed in federal court for narcotics violations declined by more than 15% between 1991-92 and 2000.

Our first article, Quiet Rebellion? Explaining Nearly a Decade of Declining Federal Drug Sentences, 86 Iowa Law Review 1043 (May 2001) ( "Rebellion I" ), examined national sentencing data in an effort to determine whether the decline in federal drug sentences is real (rather than a statistical anomaly), and to identify and analyze possible causes of the decline. We …

Watts: The Decline Of The Jury, William T. Pizzi

Publications

No abstract provided.