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High Court Ruling Exposes Sentencing Guideline Paradox

Publisher: Law360
March 7, 2017

Dan Wenner was quoted in an article, "High Court Ruling Exposes Sentencing Guideline Paradox," published in Law360. The article discusses a recent ruling in which the U.S. Supreme Court said defendants can no longer challenge the Federal Sentencing Guidelines as unconstitutionally vague. Wenner told Law360 that while the sentencing guidelines may be safe from vagueness challenges that appeal to the Constitution, judges may still embrace arguments that the guidelines are too hazy to support a sentence in a particular case. "There is a whole host of arguments that defense lawyers make," said Wenner. "You don't always need constitutional argument to persuade a judge to give your client a lower sentence."


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