A Remedy but Not a Cure: Evaluating the Status of the Booker Remedial Holding
46 Pages Posted: 30 Apr 2019
Date Written: December 21, 2018
Abstract
This Note argues that the discretionary character of the United States Sentencing Guidelines, although necessary for the constitutionality of our sentencing scheme, has gone undefined by the Court and academics and has been eroded by recent decisions.
Keywords: sentencing, Booker, Sixth Amendment, discretion
Suggested Citation: Suggested Citation
Woods, Brendan, A Remedy but Not a Cure: Evaluating the Status of the Booker Remedial Holding (December 21, 2018). Virginia Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3346588