Wednesday, June 24, 2009
White Collar Criminal Defense Los Angeles Federal Mandatroy Minimum Sentences
When arrested for a federal crime, a persons greatest concern used to be and at times still is whether they will be required to serve a mandatory prison sentence. In United States v. Booker, the United States Supreme Court found that the Sentencing Guidelines are no longer mandatory. However, federal judges are required to consider the mandatory minimum sentences for a crime as set forth in the sentencing guidelines. Pursuant to § 3553(a), federal courts shall consider the nature and circumstances of the offense and the history and characteristics of the defendant. The court shall also consider the need for the sentence imposed to: (a) to reflect the seriousness of the offense, promote respect for the law, and provide just punishment for the offense; (b) afford adequate deterrence to criminal conduct; (c) protect the public from further crimes of the defendant; and (d) provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner. Finally, federal courts shall also consider: (1) the kinds of sentences available; (2) the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct; and (3) the need to provide restitution to any victims of the offense.
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