U.S. District Court Judge Myron Thompson of Alabama has an op-ed in the New York Times, Sentencing and Sensibility on the recent Booker and FanFan decisions.
... amid the confusion that will undoubtedly follow this decision, we should keep in mind one basic principle: neither consistency nor codification guarantees justice. While few if any are calling for a return to the practically unfettered discretion that judges had before the sentencing guidelines came into effect, the nuances of individual cases necessitate a certain fluidity in imposing punishment. Congress should seek to shape judicial discretion, not to lock it in a vise.
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