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Notable (though failed) attempt to attack prosecutorial discretion in Seventh Circuit

By Douglas A. Berman

The Seventh Circuit has an extended discussion of prosecutorial discretion in the course of reject an interesting constitutional claim brought by a federal defendant in US v. Moore, No. 07-3770 (7th Cir. Sept. 10, 2008) (available here). Here is how the case starts:Raymell Moore pled guilty to federal drug charges and was sentenced to a statutory mandatory minimum term of 10 years? imprisonment.  On appeal, he raises a ?class of one? equal protection challenge to his sentence.  He contends that he was similarly situated to a group of defendants charged in a statecourt drug conspiracy case and that the imposition of the statutory mandatory minimum sentence was irrational in light of its non-application to the state-court defendants.continue to full post

Full post as published by Sentencing Law and Policy on September 10, 2008 (boomark / email).