New "Sliding Scale of Deference" Approach to Abuse of Discretion: Appellate Review of District Court Departures Under the Federal Sentencing Guidelines

• NCJ Number: 180931
• Journal: American Criminal Law Review Volume: 35 Issue: 1 Dated: Fall 1997 Pages: 1-56
• Author(s): Cynthia K. Y. Lee
• Date Published: 1997
• Length: 56 pages
• Sponsoring Agency: University of San Diego
• Publication Format: Article
• Publication Type: Issue Overview
• Language: English
• Country: United States of America

Annotation

This article discusses the allocation of decision-making power between district judges and appellate judges.

Abstract

The year 1997 was the 10th anniversary of the Federal sentencing guidelines (the Guidelines), which took effect on November 1, 1987. Most of the criticism of the Guidelines has been directed at the allocation of decision-making power between district courts and the United States Sentencing Commission. This article, in contrast, discusses the allocation of decision-making power between district judges and appellate judges. The article includes a historical overview of sentencing in the Federal courts and analyzes the Supreme Court’s jurisprudence on appellate review under the Guidelines. It argues that the abuse of discretion standard should be reformulated to reflect a sliding scale of deference approach in which differing degrees of deference are applied depending upon the specific inquiry involved. The article suggests one such framework and demonstrates how it would work. Notes, appendix