Ever since the U.S. Supreme Court in 2005 upended the federal sentencing guidelines in United States v. Booker, judges have struggled to apply the now-advisory guidelines. One example of the difficulty they have faced came last week, when a panel of the 2nd U.S. Circuit Court of Appeals took the unusual step of withdrawing an opinion to issue a new one. The court said the previous opinion, issued in June, "prompted comments from several members" of the circuit.
Mindful of 'Booker,' 2nd Circuit Revises Sentencing Opinion
New York Law Journal
October 17, 2007