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Business Crimes Bulletin

May 2008

Are the Sentencing Guidelines More Than 'Advisory'?

U.S. v. Cutler

The Second Circuit’s 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 Circuit’s law will develop in this area.

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