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Change in Federal Prosecution in Sentencing

On Behalf of | Feb 2, 2021 | Legal News Links

Quite a few defense attorneys are happy with this change.  The federal sentencing guidelines are, in my opinion, quite draconian.  The guidelines were an attempt to make sentencing “fair” and now number around 2000 pages long. Hopefully this will allow for more reasonable sentences.  In Montana this is very relevant, because felony prosecutions on the reservations are handled in federal court (there is a long history for why this is and the intersection of the relationship with the Untied States and the sovereignty of the tribes is at the heart of it).

The difference between a crime occurring within the boundaries of state and the boundaries of the reservation can often be the difference between going to prison and not (there are rare exceptions where it is worse to be in state court for sentencing).

The article is here.