Nationally, circuits have been grappling with how much leeway to give trial judges in fashioning sentences that are either more or less lenient than the traditional guideline range established by the U.S. Sentencing Commission. Highlighting this struggle, an 8th Circuit judge warned recently that the appellate court may be creating unconstitutional sentencing precedents that violate the spirit of the U.S. Supreme Court's U.S. v. Booker, which gave judges discretion to shape reasonable sentences.
8th Circuit Grapples With Sentencing Guidelines
The National Law Journal
September 12, 2006