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ARTICLE · 15 AUGUST 2018

Double SCOTUS Rulings Provide Guidance On Sentencing

This client alert addresses two decisions by the Supreme Court that highlight the often subjective and convoluted nature of the sentencing process.

United StatesLitigation, Mediation & Arbitration

The sentencing phase of a criminal case usually attracts less public attention than the trial leading to a decision of guilty or not guilty for the defendant. However, sentencing is a crucial part of criminal proceedings and errors at this stage of the case can result in a substantial loss of liberty.

On June 18, 2018, the United States Supreme Court issued two separate decisions, Chavez-Meza v. United States and Rosales-Mireles v. United States, both of which concern modification of sentences under the Federal Sentencing Guidelines. While both cases provide for the modification of sentences to correct sentencing errors or account for new sentencing guideline ranges, the decisions each carve out a means by which a sentencing court need not offer new justification for a guideline range or may decline to adjust a guideline range, even in face of error.

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