• Supreme Court Opinion in Booker v. Fanfan Case
  • January 20, 2005 | Author: Brian S. Chilton
  • Law Firms: Foley & Lardner LLP - San Francisco Office; Foley & Lardner LLP - Washington Office
  • In a fractured opinion released this morning in United States v. Booker and United States v. Fanfan, Nos. 04-104 and 04-105, 543 U. S. ____ (Jan. 12, 2005), the United States Supreme Court struck down the 17- year old federal sentencing guidelines, reducing them to advisory rather than mandatory status. Business and compliance officials have been anxiously awaiting the Court's decision to assess the impact on the federal sentencing guidelines' requirement that business entities maintain an "effective" compliance program. That wait is now over, and for the reasons discussed below, companies should assume that the compliance program aspect of the guidelines remains in force.