Implications of the Booker/Fanfan Decisions for the Federal Sentencing Guidelines: Hearing Before the Subcommittee on Crime, Terrorism, and Homeland Security of the Committee on the Judiciary, House of Representatives, One Hundred Ninth Congress, First Session, February 10, 2005 |
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advisory guidelines American Bar Association appellate review Apprendi Attorney black and Latino Booker decision Booker/Fanfan Decisions Bowman Chairman COBLE Committee Company CONGRESS THE LIBRARY consider Constitution Project conviction Corporation crack cocaine criminal justice system defendants Department of Justice discretion disparities in sentencing district court drug offenses effect enacted ethics fact factors federal prison Federal Sentencing Guidelines federal sentencing system federal system Group guideline range guideline sentencing range hearing Howard Coble impact incarceration increased issue Judge HINOJOSA judicial Judiciary jury Latinos legislation LIBRA LIBRARY CONGRESS LIBRARY OF CONGRESS Lockheed Martin mandatory minimum minimum sentences offenders percent post-Booker preguidelines prior prosecution punishment race racial disparity reasons require sentencing courts sentencing guidelines system sentencing law Sentencing Reform Act served Sixth Amendment statutory maximum studies Subcommittee on Crime Supreme Court tencing topless guidelines trial U.S. Attorney U.S. Sentencing Commission United States Sentencing unwarranted disparity Washington WRAY
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Page 115 - We ask that this letter be included in the official record of the hearing.
Page 45 - McCxiN introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, with respect to offenses relating to the sexual exploitation of children, and for other purposes.
Page 2 - Code; (B) provide certainty and fairness in meeting the purposes of sentencing, avoiding unwarranted sentencing disparities among defendants with similar records who have been found guilty of similar criminal conduct while maintaining sufficient flexibility to permit individualized sentences when warranted by mitigating or aggravating factors not taken into account in the establishment of general sentencing practices...
Page 9 - In determining the amount of the fine within the applicable guideline range, the court should consider: (1) the need for the sentence to reflect the seriousness of the offense, promote respect for the law, provide just punishment, afford adequate deterrence, and protect the public from further crimes of the organization...
Page 17 - US (2004) (holding that any fact (other than a prior conviction) which is necessary to support a sentence exceeding the maximum authorized by the facts established by a plea of guilty or a jury verdict must be admitted by the defendant or proved to a jury beyond a reasonable doubt).
Page 32 - Other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum," whether the statute calls it an element or a sentencing factor, "must be submitted to a jury, and proved beyond a reasonable doubt.
Page 18 - ... (D) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner; (3) the kinds of sentences available; (4) the kinds of sentence and the sentencing range established for the applicable category of offense committed by the applicable category of defendant...
Page 32 - the 'statutory maximum' for Apprendi purposes is the maximum sentence a judge may impose solely on the basis of the fans reflected in the jury: verdict or admitted by the defendant.
Page 62 - Again, I would like to thank the Chairman and Ranking Member for convening this important hearing.
Page 26 - Act (Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003), which the President signed into law on April 30, 2003.