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The Champion

November/December 2008 , Page 36 

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Federal Sentencing Under the Advisory Guidelines: A Primer for the Occaisonal Federal Practitioner -- Part Two

By Alan Ellis, James H. Feldman Jr.

Sentencing Discretion After Booker, Gall, and Kimbrough

Part One of this two-part article explained how the advisory guideline range is determined under most circumstances. Part Two completes the primer on the guidelines by explaining how the advisory range is determined in special situations, such as where defendants are subject to the career offender guideline or the Armed Career Criminal Act. It then discusses the new sentencing discretion courts now enjoy after Booker, Gall, and Kimbrough.

The U.S. Sentencing Guidelines generally determine the sentencing range by calculating the offense level and the criminal history category in the ways discussed in Part One of this article. This method usually produces a sentence that any reasonable person would consider punitive enough. Sometimes, however, Congress wants to make sure that the guideline range is even harsher. Congress has mandated extremely high guideline ranges for four types of defendants. The U.S. Sente

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