Okay, here comes this 23 year old guy, Claiborne. He gets caught witch a single crack rock. He gets into rehab, and soon is caught with more crack. He can’t work out a deal, so he pleased guilty to both counts. The Judge is so smitten with the guy he comments that he was “concerned that the Sentencing Guidelines, while they take into account a lot of factors, in this situation, the 37-month low end of the range is, in my view, excessive in light of your criminal history which is zero and in light of the circumstances involved in this case. . . when I consider the quantity of drugs that are involved. . . and the likelihood of your committing further similar crimes in the future, I come to the conclusion that a 37-month sentence would be tantamount to throwing you away.” [see page 4-5 of the brief here] So the fair minded judge gives the guy a much lighter sentence.
Well the mean old government doesn’t like that, so it appeals saying that they kid’s no good. You let him out and the whole word’s at risk. The cases ends up being grated a SCOTUS cert.
What happens, you ask?
[click here for the story]
[click here for the SCOTUS opinion]
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Ipse dixit and nothing more.
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