This outline will use the term "departure" only in reference to a departure from the guideline range as calculated under the U.S. Sentencing Guidelines. The terms "variance," "non-Guidelines sentence," or "sentence outside the Guidelines" will refer to a sentence that is different from the applicable advisory guideline range-which may already include a departure-based on the application of other - 3553(a) factors. For purposes of this outline, it is assumed that readers are familiar with the basic holding and effect of U.S. v. Booker, 543 U.S. 220, 125 S. Ct. 738 (2005), as well as Apprendi v. New Jersey, 530 U.S. 466 (2000), and Blakely v. Washington, 542 U.S. 296 (2004). This outline does not include "cert. denied" citations. This outline was initially prepared for the 2006 National Sentencing Policy Institute.
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Post-Booker Sentencing - Selected Issues from Appellate Case Law
July 1, 2006