Observations on the New Standard of Review of Departures from the Sentencing Guidelines

In this article, we discuss the changes to the standard of appellate review of a district courts decision to depart from the guidelines brought about by the so-called Feeney Amendment to the PROTECT Act of 2003. We argue that the new standard is deeply flawed, and that courts need not and should not permit it to prevent reasonable departures from the guidelines. [PUBLICATION ABSTRACT]