May 2008
Are the Sentencing Guidelines More Than 'Advisory'?U.S. v. Cutler
The Second Circuits recent decision in United States v. Cutler cast a cloud over the question of how far a sentencing judge can depart from the so-called advisory Sentencing Guidelines. In late December 2007, the Supreme Court appeared to have settled that issue. It remains to be seen how the Second Circuits law will develop in this area.
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