Congress has the power to untie these legal knots while also restoring a system of checks and balances in federal criminal sentencing.
The Supreme Court opened its new term today where it left off in June: directing a potential revolution in federal criminal sentencing.
Although the question seems technical and arcane, it has grown in importance as federal sentencing has increasingly taken into account an offender's criminal past.
A federal sentencing has not yet been scheduled.
The Court's opinion in Booker came out on January 12, 2005, and drastically changed the legal framework within which federal sentencing takes place.
From dozens of pending appeals, the justices selected two cases to resolve two of the most pressing issues in federal sentencing.
Mr. Garoppolo's recommendation is not binding, but he is viewed as an expert on federal sentencing and the judge has consulted him.
Hopwood is a criminal justice advocate, and he has written about the need for federal sentencing and prison reform.
The debate arose in part because of the strict guidelines that govern federal sentencing.
This report assesses the impact of United States v. Booker on federal sentencing.