Saturday, September 30, 2006

Sensenbrenner - Topless Guidelines

Sensenbrenner introduced on Friday a "topless guidelines Booker fix."  For full details check out Professor Doug Berman's Sentencing Blog here. A perfect reason why this should not be considered is found in the very statistics of the Sentencing Commission which reports in March 2006 that "The majority of federal cases continue to be sentenced in conformance with the sentencing guidelines."  The report also noted that the average sentence pre-Protect Act for the category theft and fraud under United States Sentencing Guideline 2B1.1 was sixteen months. This increased to twenty months post-Protect Act and twenty-three months post-Booker. Report on the Impact of United States v. Booker on Federal Sentencing, United States Sentencing Commission 71 (March 2006).  Is there really any need for topless guidelines if the sentences are going up in the one area, white collar crime, that seems to be of enormous concern?


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