Cynics and skeptics of the The Justice Safety Valve Act of 2013 worry that without firm statutory minimums some federal district judges will go wild. Their concerns are not without foundation.
What if the Act were left entirely as it is proposed but the appellate standard of review was lowered and set by statute. That is, anytime a district judge sentenced below the statutory minimum under the Act, the standard of review on appeal would be de novo for both facts and law.
Just a thought.