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This symposium essay speculates about how Booker's loosening of the Federal Sentencing Guidelines is likely to affect white-collar plea bargaining and sentencing. Prosecutors' punishment intuitions and the strong white-collar defense bar will keep white-collar sentencing from growing as harsh as drug sentencing, but the parallels are nonetheless ominous. The essay suggests that the Sentencing Commission revise its loss-computation rules, calibrate white-collar sentences to their core purpose of expressing condemnation, and adding shaming punishments and apologies to give moderate prison sentences more bite.


Criminal sentences, Federal Sentencing Guidelines, white collar crime, plea bargaining, Apprendi, Blakely, Booker, Sarbanes-Oxley

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William & Mary Law Review

Publication Citation

47 Wm. & Mary L. Rev. 721 (2005).