The U.S. Sentencing Commission held a hearing on February 16 to discuss ways to prevent unwarranted disparity in federal sentencing. Some on the panel urged Congress to reverse the Booker decision and re-impose mandatory guidelines. Others suggested more modest, but nearly as harmful steps. FAMM Vice President and General Counsel Mary Price told the Commission that these solutions were looking for a problem – and that judicial discretion is working.
Notably, the U.S. Department of Justice testified at the hearing and did not ask for a return to mandatory guidelines. That means no one involved in the day-to-day business of federal sentencing – judges, prosecutors, defense attorneys – is in favor of mandatory guidelines. That’s good news.
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