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Nate, Lawyer
Category: Criminal Law
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Experience:  Over 10 years of criminal defense practice.
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What is booker variance Who can use this

Resolved Question:

What is booker variance? Who can use this?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Nate replied 5 years ago.
Thank you for your question.

A Booker variance is a legal concept applicable to the federal sentencing guidelines based on the United States Supreme Court case US v. Booker. In it, it gives federal judges great leeway under the US Sentencing Guidelines in setting a defendant's sentence. Booker held that any factors included in sentencing must have either been a) admitted by the defendant, or b) provent to the jury beyond a reasonable doubt.

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Nathan Moore
Nate and 2 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
Will this reduce somene's sentence or level?
Expert:  Nate replied 5 years ago.
It could. It could also increase it.

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