Negotiating Federal Plea Agreements Post-Booker: Same As It Ever Was [ABA Criminal Justice Section Newsletter]

Immediately after the Supreme Court decided United States v. Booker, 543 U.S. 220 (2005), cries arose from all corners of the federal criminal justice system that the sky had fallen and chaos undoubtedly would reign until Congress saved the day with a legislative fix. John Gibeaut echoed popular sentiment when he wrote in the ABA Journal eReport, on January 15, 2005, “Prosecutors likely won’t be the only ones on shaky ground after this week’s U.S. Supreme Court decision. . . . The earth also could be moving beneath defendants and judges, sentencing experts predict.”

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