context: This continuing duty of district courts to consult the Guidelines is statutory. Although the Court in Booker excised the mandatory aspects of the Guidelines in 18 U.S.C. SSSS 3553(b)(1) and 3742(e), it left the remainder of the Sentencing Reform Act intact to "function[] independently."
citation_a.signal: see also
citation_a.parenthetical: "The appropriate guidelines range, though now calculated under an advisory system, remains the critical starting point for the imposition of a sentence under SS 3553(a
citation_a.sentence: Id. at 764. This means that 18 U.S.C. § 3553(a) is still operative, and requires district courts to take the applicable Guidelines range into consideration when sentencing, along with other sentencing factors enumerated by Congress. See Booker, 125 S.Ct. at 764-65(‘Without the ‘mandatory’ provision, the Act nonetheless requires judges to take account of the Guidelines together with other sentencing goals.” (citing § 3553(a))); Ameline, 409 F.3d at 1085-86(addressing district court’s procedural error in calculating defendant’s base offense level because “the base offense level ... remains the starting point for determining the applicable guideline range for an offense” even in the discretionary Guidelines system); see also United States v. Mashek, 406 F.3d 1012, 1016 n. 4 (8th Cir.2005) (“The appropriate guidelines range, though now calculated under an advisory system, remains the critical starting point for the imposition of a sentence under § 3553(a).”); United States v. Crawford, 407 F.3d 1174, 1178-79 (11th Cir.2005) (“This consultation requirement [in § 3553(a) that survives Booker], at a minimum, obliges the district court to calculate correctly the sentencing range prescribed by the Guidelines. ...
citation_b.signal: no signal
citation_b.identifier: 125 S.Ct. 764, 764-65
citation_b.parenthetical: 'Without the 'mandatory' provision, the Act nonetheless requires judges to take account of the Guidelines together with other sentencing goals." (citing SS 3553(a
citation_b.sentence: Id. at 764. This means that 18 U.S.C. § 3553(a) is still operative, and requires district courts to take the applicable Guidelines range into consideration when sentencing, along with other sentencing factors enumerated by Congress. See Booker, 125 S.Ct. at 764-65(‘Without the ‘mandatory’ provision, the Act nonetheless requires judges to take account of the Guidelines together with other sentencing goals.” (citing § 3553(a))); Ameline, 409 F.3d at 1085-86(addressing district court’s procedural error in calculating defendant’s base offense level because “the base offense level ... remains the starting point for determining the applicable guideline range for an offense” even in the discretionary Guidelines system); see also United States v. Mashek, 406 F.3d 1012, 1016 n. 4 (8th Cir.2005) (“The appropriate guidelines range, though now calculated under an advisory system, remains the critical starting point for the imposition of a sentence under § 3553(a).”); United States v. Crawford, 407 F.3d 1174, 1178-79 (11th Cir.2005) (“This consultation requirement [in § 3553(a) that survives Booker], at a minimum, obliges the district court to calculate correctly the sentencing range prescribed by the Guidelines. ...