NCJ Number
116045
Journal
ABA Journal Volume: 75 Dated: (March 1989) Pages: 38,40-41,44
Date Published
1989
Length
5 pages
Annotation
In its 1988 decision in Mistretta vs. the United States, the U.S. Supreme Court upheld the validity of the Federal sentencing guidelines.
Abstract
The guidelines, promulgated by the Sentencing Commission, prescribe a system of sentencing ranges for various categories of defendants, based on a numerical scoring of seven sentencing factors. By an eight to one vote, the Court rejected a separation-of-powers attack on the Sentencing Commission and ended much of the confusion that surrounded the guidelines, which had been found unconstitutional by numerous trial courts and by the Ninth Circuit Court. As practical matter, the decision probably prevented new sentencing proceedings for thousands of Federal prisoners sentenced since the guidelines took effect in 1987. In another 1988 decision, Perry vs. Leake, the Court resolved conflicting interpretations spawned by Geders vs. United States which held that a criminal defendant who takes the witness stand has a right to talk to his lawyer during an overnight break in testimony. In Perry, the Court held that Geders did not imply a right to consult with counsel during brief recesses, stating flatly that a defendant has no constitutional right to consult with the attorney while the defendent is testifying.