Booker
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This document is a page from a court transcript dated June 29, 2023, in which a judge is outlining the legal basis for an upcoming sentence. The judge states the applicable guideline range is 188 to 235 months but notes that, due to the Supreme Court's 'Booker' decision, this is only one of many factors to consider. The judge then lists the various sentencing factors required by law (18 U.S.C. 3553(a)), such as the nature of the offense, deterrence, and avoiding sentencing disparities.
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This legal document, part of a court case, argues against the application of the 2004 Sentencing Guidelines for a defendant whose criminal conduct is alleged to have ended 'in or about 2004'. The filing contends that applying the later, harsher guidelines would be an ex post facto violation, as the jury never made a specific factual finding that the conduct continued past the 2004 Guidelines' effective date. It further argues that having the court, rather than the jury, determine the offense end date would violate the defendant's (Ms. Maxwell's) Sixth Amendment rights.
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This document is a court transcript from July 22, 2022, in which a judge explains the legal considerations for an upcoming sentencing. The judge states the guideline range is 188 to 235 months but clarifies that, due to the Supreme Court's 'Booker' decision, this is only one of many factors to be considered under federal statute 18 U.S.C. 3553(a). The judge outlines these factors, including the nature of the offense, deterrence, and public safety, before concluding that the sentence must be sufficient but not greater than necessary.
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