The interplay of mandatory minimums and 3553(a)

Since it has been a while since I have posted a notable district court Booker opinion, I am pleased that a helpful reader sent along the recent work of US District Judge Steven Merryday in US v. Ciszkowski, No. 8:05-cr-36-T-23TBM (M.D. Fla. May 2, 2006).

Ciszkowski is notable for a number of reasons (including the interesting names of all the main players).  Legally, the decision is interesting for its extended exploration of “whether the presence of a thirty-year minimum mandatory sentence for one of several counts of conviction is a factor the district court may consider in determining a guidelines sentence for the other counts of conviction and in determining a reasonable sentence under 18 U.S.C. § 3553(a).”  Factually, the case is interesting because the government ensured the defendant would get an added mandatory 25 years in prison by placing a silencer on a gun that was used in a sting.