Publications

04.06.16 | Articles

Rise of ABA Task Force’s ‘Shadow Sentencing Guidelines’

New York Law Journal

Because the federal sentencing guidelines applicable to fraud cases are widely acknowledged to be broken and dysfunctional, particularly in high-loss cases, sentencing judges may increasingly seek other sources to help guide their discretion. In this article, we discuss the thoughtful alternative framework offered by a blue-ribbon panel of judges, law professors and practitioners, and highlight recent court decisions applying those “shadow guidelines.”

Rise of ABA Task Force’s ‘Shadow Sentencing Guidelines’ (PDF | 254.40 K)