by TChris

Defendants who have two prior felony convictions for drug crimes or crimes of violence are typically sentenced as "career offenders" under the federal sentencing guidelines. The "career offender" designation usually results in something close to a maximum sentence, regardless of the nature of the new drug crime or the characteristics of the offender.

Judge Gregory Presnell in Florida recently decided not to impose a sentence of at least 188 months (the minimum required by the guideline range) on a 24-year-old man afflicted with thyroid cancer. Torrey Williams was a "go-between" in a deal to sell about 10 grams of crack, and he sold another 2 grams to an undercover officer. The two transactions involved only $500.

Downward departures for ill health are rarely granted, but Judge Presnell couldn't stomach the result if he didn't give one to Williams. Judge Presnell imposed a 70 month sentence in an eloquent opinion (pdf) that includes the following passage:

A guideline sentence in this case starkly illustrates the problem of attempting to fit the human experience into a discrete mathematical matrix. It just can't be done, and this Court cannot in good conscience do it, because it offends the Court's concept of justice.

The short opinion is well worth reading for its criticism of the "war on drugs" and of the federal sentencing guidelines. Also worth reading is Prof. Doug Berman's excellent commentary and background information regarding the case.