Sentencing in a New Era: Examining the Impact of Judicial Discretion and Contextual Dynamics in Federal Criminal Sentencing after Booker/Fanfan

TL;DRAbstract

For nearly twenty years, federal judges were required to strictly adhere to the federal sentencing guidelines (`the Guidelines"), which calculated sentences based on the offender's current offense level and his or her prior offense history, and which tightly controlled which aggravating and mitigating factors could be considered. However, the U.S. Supreme Court effectively altered the course of federal sentencing with its decision in Booker/Fanfan in 2005, which made the Guidelines advisory; although judges are still required to consider the Guidelines and to provide reasons for departing from their recommendations, Booker has minimized the concern for appellate interference and, as such, has presumably opened the door for increased judicial discretion. The current dissertation examines the impact of the Supreme Court's decision and extends prior work by paying particular attention to its effect on drug and immigration offenses and by incorporating unique dynamic measures to examine co

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