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Judges Condemn Sentencing Guidelines

High court, Mukasey may give them leeway

By Kevin Spak,  Newser Staff

Posted Sep 29, 2007 2:18 PM CDT

(Newser) – Judges across the country are condemning federal sentencing guidelines, 1980s-era anti-drug laws that force them to impose “irrational” sentences, the LA Times reports. “When I have to sentence a midlevel drug dealer to more time than a murderer, something is wrong,” said a judge forced to sentence a 24-year-old to 59 years for selling pot.

The laws have ballooned the federal prison population to 181,622, compared to 24,363 in 1980. Copy-cat state laws have had a similar effect. But change may be coming. Michael Mukasey, Bush’s Attorney General nominee, thinks the guidelines violate constitutional separation of powers, and the Supreme Court will hear two cases this fall that could reduce drug sentencing.

Retired federal judge Michael Mukasey listens as President Bush, not pictured, announces him as his nominee for attorney general, replacing Alberto Gonzales, Monday, Sept. 17, 2007, in the Rose Garden of the White House in Washington.   As a judge, Mukasey ridiculed the Justice Department for defending federal sentencing guidelines used...
Retired federal judge Michael Mukasey listens as President Bush, not pictured, announces him as his nominee for attorney general, replacing Alberto Gonzales, Monday, Sept. 17, 2007, in the Rose Garden...   (Associated Press)
United States Constitution
United States Constitution   (Archive Photos)
Supreme Court Confirmation Hearings For John Roberts Continue
Supreme Court Confirmation Hearings For John Roberts Continue   (Getty Images)
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