Don't miss the concurring opinion of Judge Bright in United States v. Flores, decided by the 8th Circuit Court of Appeals on July 18, 2003. Disseminate it widely. While the court approved an upward departure, Judge Bright wrote separately about judicial discretion, and about the unfairness of the sentencing guidelines. He concluded with a plea to his colleagues:

I want to conclude by making a plea to the district judges of this country who feel that they should have some say and some discretion in sentencing. Let your opinions disclose your views about the injustice in the sentencing decision or decisions you are obligated to impose by Congressional mandate and/or the Sentencing Guidelines.

Let me say further that judges generally do not object to appropriate guidelines for sentencing decisions but the time has come for major reform in the system. I say in this concurring opinion, as I have said in other sentencing opinions that I have written, "Is anyone out there listening?" United States v. Alatorre , 207 F.3d 1078, 1080 (8th Cir. 2000) (Bright, J., concurring)."

(Received via e-mail from Neal Sonnett, Esq., Miami)