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Vol. 41, Number 8
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25 Years of the Sentencing Guidelines
The U.S. Sentencing Commission has had four chairs since 1984, all federal judges. Judges William Wilkins, Richard Conaboy, Diana Murphy and Ricardo Hinojosa reflect on 25 years in the development of the sentencing guidelines.
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There was major resistance to the sentencing guidelines from federal judges. District judges—and I was a district judge at the time—believed that the sentences they imposed were appropriate, or they would not have imposed them. read more... |
When I became chair, the concept of the U.S. Sentencing Guidelines was just beginning to gel. The original Commission had developed the guidelines. Prior to that time, judges used their own good judgment, and they had a lot of discretion—which got to be a very big word in those days—as to what sentence would be imposed in individual cases. read more... |
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I was amazed to be asked to go on the U.S. Sentencing Commission, because years before I had been one of the first district judges to declare the guidelines unconstitutional. When the White House Counsel’s Office called, I protested, “But I declared them unconstitutional!” The cool reply was, “Well, that doesn’t matter.” read more... |
The Supreme Court had just decided Blakely v. Washington when I became chair of the Commission in 2004 and would soon decide United States v. Booker. It is fair to say that the Booker decision immediately and significantly impacted the Commission’s work in carrying out all of its statutory duties under the Sentencing Reform Act of 1984. read more... |





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