Judge Gertner sentences in a holiday mood

The Boston Globe covers a notable sentencing decision by  Sentencing Hall of Famer Judge Nancy Gertner in this article entitled “Judge skips guidelines, releases man in crack case Long prison sentence hurts blacks, she says.” Here are snippets:

A federal judge has freed a Boston man who pleaded guilty to selling small amounts of crack cocaine, saying that he dealt the drugs out of desperation and that long prison sentences for such crimes often do more harm to black communities than good. 

US District Judge Nancy Gertner sentenced Myles Haynes to the 13 months he has served in jail since his arrest.  She said that he appeared to be an honest man whose two admitted drug sales were isolated and that lengthy federal prison terms for such crimes are depleting cities of a generation of young black men. “Isn’t it time for us to say that there is on the one hand the impact of the drug trafficking and on the other hand the impact of mass incarceration of African-Americans from crack cocaine?” Gertner said from the bench Monday. “To suggest that the public safety requires the further incarceration of Mr. Haynes makes no sense.” Gertner then set aside sentencing guidelines that could have kept Haynes behind bars an extra 20 to 28 months.

While federal judges sometimes depart from guidelines, it is rare for them to air such outspoken views from the bench. Glancing at Haynes’s 8-year-old son, Myles Jr., in the gallery with the defendant’s family, Gertner added, “Indeed, when I see your son, I think that public safety requires that you be with your son so that he doesn’t follow in your footsteps.”