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The Benefits of Booker for Cooperating Defendants

By Jonathan S. Feld and Fritz E. Berckmueller
May 24, 2005

The Supreme Court's decision in United States v. Booker, 125 S.Ct. 738 (2005), brought significant changes to federal criminal procedure. Mandatory sentences under the federal Sentencing Guidelines (Guidelines) became advisory, and with this change came some subtle but important opportunities for criminal defendants who cooperate or provide “substantial assistance” in prosecutions. Now, convicted corporations and employees may be able to provide more input to courts about their cooperation with or assistance to the government. This may make sentencing judges more willing to grant downward departures from sentences calculated by Guidelines formulas.

What Is 'Substantial Assistance' or 'Cooperation'?

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