Stiffer U.S. Sentencing Guidelines Ruled Unconstitutional in Florida

MIAMI — Federal judges on Wednesday declared tougher new sentencing guidelines unconstitutional and said they would not be applied in the Southern District of Florida.

The decision was the result of a rare “en banc” hearing in April of 16 of the 17 federal judges in the district.

Similar hearings around the country, as well as by individual judges, have issued conflicting opinions on the stricter sentencing guidelines contained in the 1984 Comprehensive Crime Control Act. The guidelines were created to eliminate disparities in sentencing.

The U.S. Supreme Court agreed Monday to address the dispute, and a decision by the high court is expected by early next year, said John Steer, general counsel to the sentencing commission in Washington. Other federal district and appeals courts may also rule in the meantime to standardize sentencing in their regions.

“It’s a mess from the standpoint of U.S. attorneys and defense attorneys,” Steer said.

Most challenges to the law focus on the makeup of the sentencing commission, which includes federal judges, thus violating the doctrine of separation of powers, critics argue.

Also challenged were the lack of congressional guidelines to the commission and the lack of discretion given to judges.