Congressional Digest

Supreme Court Debates December 2007 No. 9 Vol. 10
Federal Sentencing Guidelines

Sentencing Guidelines

The Disparity Between Crack and Powder Cocaine

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Federal Sentencing Guidelines

Supreme Court Interpretation of the Law

The Sentencing Reform Act of 1984, which established theUnited States Sentencing Commission and authorized it to issue sentencingguidelines, brought about striking changes in Federal sentencing law —consistent with the Supreme Court’s case law at the time. Sentencing underearlier law was considered inconsistent and uncertain. Different Federalstatutes set different maximum penalties for the same crime committed underdifferent jurisdictional circumstances.             At the sametime, Federal judges enjoyed virtually unlimited discretion to impose anysentence beneath the maximum established by statute. Once imposed, sentenceswere ordinarily beyond appellate review. Moreover, time actually served was aproduct of the parole laws under which a Federal prisoner, in…

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