The federal Sentencing Guidelines can lead to 'patently absurd' punishments in white-collar cases. United States v. Adelson, 441 F. Supp. 2d 506, 515 (S.D.N.Y. 2006) (Rakoff, J.). But judicial discretion in sentencing, strongly reaffirmed by the Supreme Court in Kimbrough v.
Challenging the Federal Sentencing Guidelines on Policy Grounds
The federal Sentencing Guidelines can lead to 'patently absurd' punishments in white-collar cases. United States v. Adelson, 441 F. Supp. 2d 506, 515 (S.D.N.Y. 2006) (Rakoff, J.). But judicial discretion in sentencing, strongly reaffirmed by the Supreme Court in Kimbrough v. United States, No. 06-6330 (Dec. 10, 2007), and Gall v. United States, No. 06-7949 (Dec. 10, 2007), has opened an important avenue for advocacy in business crime cases.
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Joseph F. Savage JR. And Paras N. ShahThis premium content is locked for Business Crimes Bulletin subscribers only
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