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The Violent Crime and Law Enforcement Act of 1994

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VII. U.S. Federal Fair<br />

Sentencing Guidelines<br />

<strong>The</strong> United States Federal Sentencing Guidelines are rules that set out a uniform<br />

policy for sentencing individuals <strong>and</strong> organizations convicted <strong>of</strong> felonies <strong>and</strong> serious<br />

(Class A) misdemeanors in the United States federal courts system. <strong>The</strong> Guidelines do<br />

not apply to less serious misdemeanors.<br />

Although the Guidelines were initially styled as m<strong>and</strong>atory, the US Supreme Court's<br />

2005 decision in United States v. Booker held that the Guidelines, as originally<br />

constituted, violated the Sixth Amendment right to trial by jury, <strong>and</strong> the remedy chosen<br />

was to excise those provisions <strong>of</strong> the law establishing the Guidelines as m<strong>and</strong>atory.<br />

After Booker <strong>and</strong> other Supreme Court cases, such as Blakely v. Washington (2004),<br />

Page 79 <strong>of</strong> 190

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