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Jeremy H. Temkin Jeremy H. Temkin

Sentencing in federal criminal cases is governed by the Sentencing Guidelines, which prescribe sentences for different offenses based on factors such as the quantity of drugs involved in narcotics cases or the financial loss caused by defendants charged with economic crimes. In United States v. Booker, 543 U.S. 220 (2005), the Supreme Court held that the mandatory application of the Sentencing Guidelines was unconstitutional and directed sentencing courts to consider the factors identified in 18 U.S.C. §3553(a) in fashioning an appropriate sentence for each defendant. As a result, in addition to the Guidelines, sentencing courts are now required to consider the specific offense conduct, the defendant’s background and unique characteristics, general and specific deterrence, and sentencing parity.

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