Booker’s “reasonableness” standard for appellate review will have on sentencing decisions?
Judges and commentators have raised a number of questions concerning appellate review after Booker. These questions will be answered by the courts of appeals as they apply the standard in individual cases. Although the Committee does not provide advice on substantive legal issues, some observers have predicted that courts will apply a presumption that a sentence within the advisory guideline range is reasonable, and that to the extent a judge relies on the other factors enumerated in § 3553(a) to announce a different sentence, the judge must explain the rationale for that sentence. Q: Do you anticipate immediate efforts by Congress to introduce new sentencing legislation? A: I cannot predict what Congress might do. I understand that Congress may be examining a number of legislative proposals with respect to federal sentencing policies. The Committee believes that any legislation should be the product of study and deliberation. Accordingly, the Committee has provided and will continue t
