Supreme Court Rules Judges Are Not Bound by Sentencing Rules
Phil, any thoughts? I'm not sure what I think about this yet.

Edit:
- NY Times "Analysis"
- Text via FindLaw

Edit 2:
I agree with the majority on both parts of the decision. As to the first, it's pretty clear that allowing judges to use information not considered by the jury in convicting a defendant to sentece defendants is a violation of the 6th.

To the 'suggested guidelines' question, I think that it's the best solution to reconcile the 6th question with original intent of the drafters of the law. By preventing mandatory sentencing, but holding judges to a "reasonableness" test, you functionally hold judges to the standards set out in all but the most extreme cases. Functionally, it allows appropriate discretion, but holds judges accountable for deviations from sentencing norms. Combine that with the first part of the decision, and it seems pretty good. I don't think that hard and fast rules on sentencing are within Congress' power, but suggested guidelines for federal sentencing are acceptable, and probably preferable from a policy perspective. -P