Menu
Home
People
Places
Arts
History
Plants & Animals
Science
Life & Culture
Technology
Reference.org
United States Federal Sentencing Guidelines
open-in-new
<p>The United States Federal Sentencing Guidelines are rules published by the <a href="/facts/U.S._Sentencing_Commission/tGjUng7t">U.S. Sentencing Commission</a> that set out a uniform policy for <a href="/facts/Sentence_(law)/X2Se9LMB">sentencing</a> individuals and organizations convicted of <a href="/facts/Classes_of_offenses_under_United_States_federal_law/Kg067VkS">felonies and serious (Class A) misdemeanors</a> in the <a href="/facts/United_States_federal_courts/RfX1mMs6">United States federal courts</a> system. The Guidelines do not apply to less serious <a href="/facts/Misdemeanor/pjX78mB9">misdemeanors</a> or <a href="/facts/Infraction/1cMHzM78">infractions</a>. </p><p>Although the Guidelines were initially styled as mandatory, the <a href="/facts/US_Supreme_Court/rJHothwW">US Supreme Court</a>'s 2005 decision in <i><a href="/facts/United_States_v._Booker/Lr30K3k6">United States v. Booker</a></i> held that the Guidelines, as originally constituted, violated the <a href="/facts/Sixth_Amendment_to_the_United_States_Constitution/p1kdWJuT">Sixth Amendment</a> right to <a href="/facts/Trial_by_jury/XEsU5Emr">trial by jury</a>, and the remedy chosen was to excise those provisions of the law establishing the Guidelines as mandatory. After <i>Booker</i> and other Supreme Court cases, such as <i><a href="/facts/Blakely_v._Washington/Y70N4CqR">Blakely v. Washington</a></i> (2004), the Guidelines are now considered advisory only. Federal judges (<a href="/facts/State_law_(United_States)/hW9F8M7W">state judges</a> are not affected by the Guidelines) must calculate the guidelines and consider them when determining a sentence, but are not required to issue sentences within the guidelines. </p>