St. Thomas Law Review
First Page
399
Document Type
Article
Abstract
This comment ventures to provide a manageable resolution to the issues that have arisen from the implementation and subsequent limitations of the federal sentencing guidelines. Part II discusses the sentencing guidelines' history, creation, and evolution. This part also reviews the pertinent cases that have shaped the relevance and application of the sentencing guidelines by the U.S. Supreme Court. Part III details the successful retroactivity of the Boggs Act as a real-world example of the feasibility of retroactivity. Finally, Part IV provides an administrative solution to the problems with retroactive application of the Booker/Fanfan decision in order to remedy the unconstitutional federal sentences being served today.
Recommended Citation
Priscilla S. Zaldivar,
Pre-Apprendi Sentencing: Issues Surrounding the Retroactivity of an Unconstitutional Sentence,
25
St. Thomas L. Rev.
399
(2013).
Available at:
https://scholarship.stu.edu/stlr/vol25/iss3/8