High court bolsters sentencing guidelines

In a closely watched decision, court's majority says they're more than advisory but less than mandatory.

posted June 22, 2007 at NaN:NaN p.m. EST

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"If Congress has not had a change of heart about the value of a guidelines system, it can reenact the guidelines law to give it the same binding force it originally had, but with provision for jury, not judicial, determination [of key sentencing facts]," Souter writes.

"At this point, only Congress can make good on both its enacted policy of mandatory guidelines sentencing and the guarantee of a robust right of jury trial."

The high court decision stems from the case of Victor Rita, a 25-year decorated combat veteran who was convicted in North Carolina of making two false statements to federal agents about a parts kit he purchased for a vintage battle rifle.

Mr. Rita had no prior criminal history or other factors suggesting a higher prison sentence. But a presentence report prepared under the federal sentencing guidelines classified Rita as an "accessory after the fact" to alleged import violations by the company that sold him the parts kit.

That classification – never presented to the jury at his trial – more than doubled his potential prison term from 15 to 33 months.

The judge sentenced Rita to 33 months in prison in accord with the guidelines. The Fourth US Circuit Court of Appeals upheld the sentence as "presumptively reasonable" since it was within the guidelines range.

In appealing the sentence, Rita's lawyers argued that the judges relied too heavily on the guidelines and failed to explain why other factors pointing to a lesser sentence were rejected.

In affirming the Fourth Circuit decision, the majority justices said: "The sentencing statutes envision both the sentencing judge and the [Sentencing] Commission as carrying out the same basic ... objectives," Breyer writes.

He adds, "The guidelines as written reflect the fact that the Sentencing Commission examined tens of thousands of sentences and worked with the help of many others in the law enforcement community over a long period of time in an effort to fulfill this [congressional] mandate."

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