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August 11, 2005

More on the joys of criminal history diktats

A few months ago in this post, I commented on the significance of the federal sentencing guidelines' criminal history diktats and expressed hope that the Booker remedy might allow courts to give less attention to (substantively irrelevant) criminal history diktats and more attention to the (substantively sensible) mandates of 3553(a).  But, because criminal history diktats remain key to some mandatory minimum sentences, and because most circuit courts seem inclined to enforce the strict calculation of guideline ranges even post-Booker, I suppose the diktats are here to stay.  Two recent circuit court cases highlight this depressing reality about the persistence of these diktats:

August 11, 2005 at 01:02 PM | Permalink


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