![]() Limitation on Applicability of Statutory Minimum Sentences in Certain Cases This major development in federal criminal practice also restored to lawyers the ability to use creativity, artfulness, and advocacy to represent defendants at sentencing hearings. The Supreme Court indicated that while the guidelines are a useful sentencing tool and should be considered, federal judges have discretion to decide the ultimate criminal sentence to be imposed in each case, whether it be within, below, or above the recommended guidelines range. Sentencing Guidelines were no longer binding on federal judges. However, on January 15, 2005, the United States Supreme Court issued its decision in United States v. Prior to 2005, the applicable guidelines range was binding on federal judges and dictated the sentences they imposed. Applicable guidelines before and after 2005 The recommended sentencing is most often a term of incarceration measured in a period of months, known as the sentencing guidelines range. The rules are utilized to determine a defendant’s criminal history category and total offense level, which corresponds to a recommended sentencing range set forth in a chart known as the U.S. ![]() Sentencing Guidelines (U.S.S.G.) that federal judges must consider when deciding criminal sentences. The United States Sentencing Commission publishes a complex set of rules, referred to as the U.S. ![]() Sentencing for all defendants in the federal criminal justice system involves calculating and considering the sentencing guidelines. ![]()
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