Herding Bullfrogs towards a More Balanced Wheelbarrow: An Illustrative Recommendation for Federal Sentencing Post-Booker

Abstract

The Article argues in favor of shifting the balance in federal sentencing toward a more indeterminate system. By exploring the post-Booker legal landscape at both the federal and state levels, the Article asserts that the judiciary\u27s continued reliance on the “advisory Guidelines has practically changed federal sentencing procedures very little in form or function. Accordingly, the Article proffers that, rather than insisting upon the Guidelines\u27 immutability, federal sentencing would do well to reflect upon its own history, and the evolution of its state counterparts