How should we think about seeing a sentenced reversed? Is it a statement about the quality of the district court judge? To be sure, a United States district judge will not pop the champagne on hearing she’s been reversed. But, ultimately, should we think that the appeals court is commenting on the ability of the district court judge when it sends the district court’s work back for a do-over?
I tend to think we shouldn’t. It appeals the Sixth Circuit disagrees with me in United States v. Priester. (For Sentencing Law & Policy coverage, go here.)
Mr. Priester entered a guilty plea to a number of drug charges, including crack distribution. His lawyer argued that the judge should reject the guidelines because they reflect a policy decision that crack cocaine is worse than powder cocaine. The district court judge, on the Sixth Circuit’s reading of the transcript, said he didn’t think he had the power to reject sentencing guidelines.