If you practice federal criminal law, you should read this guest post by Professor Todd Haugh at SL&P regarding the Peugh decision recently announced by the Supreme Court. My earlier post about Peugh is here.
If you are a federal trial judge, and if the professor is correct, you might want to begin throwing up right now. How many Guidelines’ calculations must you perform before you satisfy the Most Exalted? Remember, now, the Guidelines are absolutely never, not ever, the law, unless, of course, they are (in which case the Supreme Court won’t tell you until they reverse you).
PS Can’t you just see the dazed look on the typical gangbanger’s face when his lawyer starts doing serial calculations using multiple manuals for a crack conspiracy that spanned five years. Priceless.