Foxfyre wrote:From Freeduck's source
Quote:In a recent pair of drug-related cases, the Supreme Court ruled that federal sentencing guidelines are advisory and judges do not have to follow them in every case (U.S. v. Booker and U.S. v. Fanfan). This ruling, which surprised many, holds both promise and danger, depending on what Congress does.
But wouldn't mandatory sentences be a part of sentencing guidelines? This looks very much like a potential loophole. Or did Congress close it? I need to do some more research too.
According to that column, sentencing guidelines are somehow different from mandatory minimum sentences. I think the idea is that judges can deviate from the guidelines, but the mandatory minimums are written into law. I'm not completely confident that I understand it, though.