Sentences with phrase «advisory guidelines given»

Not exact matches

The persistence of Rule 32 (h): The circuits are nearly evenly split on whether Rule 32 (h) requires a district court to give advance notice before varying from the advisory guidelines range.

In short, after Booker, it seems that federal sentencing does not require giving «some significant weight» to the advisory guidelines, and yet giving them «some weight» is still required.

I have now re-read the Supreme Court's work in Gall, and I am intrigued by a weighty question left unaddressed by the majority opinion — namely, how much weight can and should the guidelines be given in a post-Booker advisory sentencing system.