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Response or Comment

Publication Date



I have read with the greatest pleasure the article on federal white-collar crime sentencing by U.S. District Judge Mark Bennett and Professors Justin Levinson and Koichi Hioki. They review the history of fraud sentencing in the Sentencing Guidelines era, offer a persuasive critique of some deficiencies in the current regime, present the results of their own survey of judicial attitudes toward sentencing a representative fraud case, and propose a series of useful prescriptions for change. Inasmuch as they are kind enough to cite my own work approvingly throughout the article, it will come as no surprise that I agree with most of their diagnoses and virtually all of their prescriptions. That said, there are a few points on which we are not entirely in accord, and I think that the data from their very interesting survey may point in slightly different directions than they suggest. Hence, I offer this admiring rejoinder.



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