PUBLIC MARKS from bhartzer with tags Federal & is

The penalties facing persons charged with drug offenses in federal court are mind boggling. For example, time and time again we have seen young people, without any criminal record, facing a minimum of ten years in federal prison based upon drug charges. This is a minimum sentence and, many times, the reality is that they are facing much harsher sentences in the range of thirty years to life. Also, unlike state prison, persons serving time in federal prison must serve eighty-five percent of their sentence.

On December 10th the Supreme Court decided two companion cases that essentially hold that the Federal Sentencing guidelines really are just guidelines. In other words, the sentencing court, after giving them consideration, is free to disregard them and impose the sentence the court thinks is appropriate in a given case. To understand the significance of this development, here is a brief overview of the history of the sentencing guidelines.