Yesterday, with the Thanksgiving holiday almost upon us, I sentenced people to prison. One case involved a fellow convicted by a jury of schlepping a bunch of drugs. His criminal history score was VI. There was evidence that he had tried to tamper with witnesses. He was represented by a very good and dedicated lawyer. The offender has cancer, and there is absolutely no debate about that. There is nothing more the doctors can do for him. According to a respected specialist, there is a 2 out 3 chance that he will die within the year. His lawyer wanted me to vary downward to the statutory minimum of 240 months (20 years). Instead, I imposed a Guideline sentence, at the “low-end,” of 324 months in prison. I recommended that the defendant be placed at one of the Bureau of Prisons’ (BOP) Federal Medical Centers, but where he goes is up to the BOP. The BOP can release dying prisoners under a “compassionate release” statute, but that seldom happens. Had I imposed the statutory minimum sentence of 20 years, the BOP may have been more likely to release the fellow as he neared the end.
A reader of this blog, in another context, wondered whether I am a conservative or an asshole. He evidently does not understand the tyranny of the disjunctive.