The judges of the 3rd U.S. Circuit Court of Appeals are apparently sharply divided over some of the fundamental questions left unanswered by the U.S. Supreme Court when it effectively overhauled the process of criminal sentencing.
The justices’ decision last year in United States v. Booker declared that the mandatory federal sentencing guidelines then in place were unconstitutional. The flaw in such a mandatory guidelines scheme, the justices found, was that too many factual issues were being decided by judges instead of juries.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]