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New opinion from Judge Adelman explaining why drug guidelines merit less respect under 3553(a)

By Douglas A. Berman

I just received a short but still important new sentencing decision from US District Judge Lynn Adelman. Judge Adelman imposes a below-guideline sentence in US v. Thomas, No. 08-CR-238 (E.D. Wisc. Jan. 24, 2009) (available for download below), based on part on the conclusion that the powder cocaine drug trafficking guideline is entitled to less respect because it is not based on an "empirical approach" or  study and expertise from the US Sentencing Commission. Here is a key paragraph from the opinion in Thomas: As indicated above, the guidelines recommended that defendant served 27-33 months in prison.  In considering this recommendation, I noted that the Sentencing Commission ?departed from the empirical approach when setting the Guidelines range for drug offenses, and chose instead to key the Guidelines to the statutory mandatory minimum sentences that Congress established for such crimes...continue to full post

Full post as published by Sentencing Law and Policy on January 26, 2009 (boomark / email).