Improving Federal Sentencing

Even after the Supreme Court declared the U.S. Sentencing Guidelines unconstitutional and advisory only, federal judges continue to impose advisory Guidelines sentences in a large number of sentencing proceedings. Judges continue to employ the Guidelines, even though the Guidelines are overly punitive and even though the U.S. Sentencing Commission does not take into consideration the thousands of collateral consequences that those convicted of federal felonies face after serving a period of incarceration. Why? This essay explains why federal sentencing judges should discontinue such heavy reliance on the advisory Sentencing Guidelines ranges.