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Sentencing is where constitutional battles become personal — where the Sixth Amendment's promise of a jury trial determines not just guilt but the length of punishment, and where the constitutional warrior's mastery of sentencing doctrine translates directly into years of a client's freedom.
The Constitutional Sentencing Warrior is Volume XLIII of Wayne Richard Evangelista's Constitutional Law Series.
Wayne Richard Evangelista covers the full constitutional sentencing landscape: Apprendi v. New Jersey's rule requiring jury determination of facts that increase the prescribed statutory maximum; Blakely's application to state guidelines; Booker's holding that mandatory application of the Federal Sentencing Guidelines violated the Sixth Amendment and its remedial advisory rendering; Alleyne's extension of Apprendi to mandatory minimum triggers; Gall and Kimbrough's abuse-of-discretion reasonableness standard; the Section 3553(a) factors for a reasonable sentence; prior conviction enhancements after Almendarez-Torres; capital sentencing from Ring v. Arizona through Hurst v. Florida; and the First Step Act's retroactive sentence reduction provisions.
The Constitutional Sentencing Warrior
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