Strategies & Market Trends : Anthony @ Equity Investigations, Dear Anthony,


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To: tonto who wrote (93918)3/5/2006 10:14:22 AM
From: tool dude of 116402
 
"The guidelines are what actually matter"

Tonto:



After US v. Booker, decided last year, guidelines are only advisory. Judges must now impose a sentence that is “sufficient but not greater than necessary” by considering seven factors listed in 18 USC 3553(a), including:



1. The nature and circumstances of the offense and the history and characteristics of the defendant;

2. The purpose of the sentence imposed (i.e., Retribution, Specific Deterrence, General Deterrence, or Rehabilitation);

3. The kinds of sentences available (i.e., alternatives to prison);

4-5. The Sentencing Guidelines and their Policy Statement, which are advisory;

6. The need to avoid unwarranted sentence disparities; and

7. The need to provide restitution to any victims of the offense.



The only thing MANDATORY anymore is that the sentence be sufficient but not greater than necessary.
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