2 ms·
I'm not sure you understand what guidelines are. They are merely suggestions. Not rules. In fact treating them as rules is unconstitutional [1]. So yes. Most of
by forrestthewoods 12y ago
I'm not sure you understand what guidelines are. They are merely suggestions. Not rules. In fact treating them as rules is unconstitutional [1]. So yes. Most of the time sentences fall within the guidelines. Except for when they don't.
[1] http://en.wikipedia.org/wiki/United_States_Federal_Sentencing_Guidelines#United_States_v._Booker http://en.wikipedia.org/wiki/United_States_Federal_Sentencin...
- tptacek 12y agoThe grouping rules in federal sentencing do not appear to be discretionary.
- rayiner 12y agoThey are, Constitutionally, guidelines. However, a guideline range is required to be calculated and a judge is required to explain any departure from the guidelines. On appeal, a sentence out of the guideline range is much more likely to be overturned as abuse of discretion.