Answer:On January 12, 2005, the U.S. Supreme Court ruled that the Sixth Amendment right to a trial by jury requires that federal sentencing guidelines be advisory, rather than mandatory. 1 In doing so, the Court struck down a provision in law that made the federal sentencing guidelines mandatory 2 as well as a provision that permitted appellate review of departures from the guidelines. 3 In essence, the Court's ruling gives federal judges discretion in sentencing offenders by not requiring them to adhere to the guidelines; rather, the guidelines can be used by judges on an advisory basis. 4 As a result of the ruling, judges now have discretion in sentencing defendants unless the offense carries a mandatory sentence (as specified in law).
