Judge Adelman does case-specific Booker justice again
US District Judge Lynn Adelman, continuing his strong post-Booker work in cases like Greer (discussed here) and Smith (discussed here), has released a new sentencing decision in which he attempts to “refract” the concerns with the 100:1 crack/powder cocaine ratio through an individual defendant’s case. Here is one of many strong passages in Judge Adelman’s decision in US v. Willis, No. 04-CR-190 (E.D. Wisc. Mar. 28, 2007) (which can be downloaded below):
The rule that emerges from Jointer, Gunter and Pickett is that while district courts may not construct their own alternative crack/powder ratio, neither are they required to impose a sentence under the current 100:1 ratio in the guidelines. Further, they can, in imposing an appropriate sentence in the individual defendant’s case under § 3553(a), consider the Sentencing Commission’s reports on the problems with the crack guideline. Finally, they may consider whether the aggravating circumstances that prompted the adoption of the 100:1 ratio are present in the case before them.