THE
LAW OFFICE OF
WILLIAM MALLORY KENT
1932 Perry Place
Jacksonville, Florida 32207
904-355-1890
Judge Cassell's Order in United States v. Wilson That He Will Continue to Follow the Guidelines In Most Cases
It may be appropriate to offer a concluding observation. The court has
determined that it will generally hew to the Guidelines in imposing criminal
punishments. No doubt, some criminal defendants will be disappointed by this
result. Yet in the long run, such an approach may be the best way to develop a
fair and consistent sentencing scheme around the country for the benefit of
defendants, victims, and the public. As Booker
itself recognized, the judiciary's view on how to proceed "of course, is
not the last word: The ball now lies in Congress' court. The National
Legislature is equipped to devise and install, long-term, the sentencing system
compatible with the Constitution, that Congress judges best for the federal
system of justice." [FN119]
The congressional view of how to structure that sentencing system will surely be
informed by how judges respond to their newly-granted freedom under the
"advisory" Guidelines system. If that discretion is exercised
responsibly, Congress may be inclined to give judges greater flexibility under a
new sentencing system. On the other hand, if that discretion is abused by
sentences that thwart congressional objectives, Congress has ample power to
respond with mandatory minimum sentences and the like. The preferable course
today is to faithfully implement the congressional purposes underlying the
Sentencing Reform Act by following the Guidelines in all but unusual cases.
Accordingly, the defendant is sentenced to a term of 188 months in prison--the
term the Guidelines prescribe. The defendant is also ordered to pay restitution of
$9,795.15 to the credit union he robbed. The judgment will be held in abeyance
for ten days to allow briefing on these conclusions from either side.
U.S. v. Wilson 2005 WL 78552, *18 (D.Utah) (D.Utah,2005)
THE
LAW OFFICE OF
WILLIAM MALLORY KENT
1932 Perry Place
Jacksonville, Florida 32207
904-355-1890