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US v. Jane Doe

US v. Jane Doe

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Published by Martha Bebinger
First Circuit Federal Court drug case decision by Judge William Young.
First Circuit Federal Court drug case decision by Judge William Young.

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Published by: Martha Bebinger on Apr 03, 2013
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04/03/2013

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See infra note 2.
2
A pseudonym. It will become apparent below why apseudonymis necessary.UNITED STATES DISTRICT COURTDISTRICT OF MASSACHUSETTS )UNITED STATES OF AMERICA ))v.) CRIMINAL ACTION NO.) 02-10054-WGYRICHARD GREEN,)Defendant) ______________________________) )UNITED STATES OF AMERICA ))v.) CRIMINAL ACTION NO.) 01-10469-WGYWILLIAMOLIVERO) JASON PACHECO,)Defendants )) )UNITED STATES OF AMERICA ))v.) CRIMINAL ACTION NO.) 99-10066-WGYEDWARD K. MILLS,)Defendant) ______________________________) )UNITED STATES OF AMERICA ))v.) CRIMINAL ACTION NO.) **-*****-WGY
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 JANE DOE,
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)Defendant) ______________________________)SENTENCING MEMORANDA
Case 1:01-cr-10469-GAO Document 734 Filed 06/18/04 Page 1 of 177
 
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Letter to Bishop Mandell Creighton (Apr. 5, 1887), quotedin J. Bartlett, Familiar Quotations 750 (14th ed. 1968).
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As quoted in Ian James, Guantanamo Tribunals Questioned, The Boston Globe, Feb. 2, 2004.2 YOUNG, C.J.June 18, 2004
Power tends to corrupt and absolute power corruptsabsolutely.Lord Acton
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If you put all the powers to prosecute, try, andexecute a sentence in one persons hands, that is theabsolute antithesis of the checks and balances in thesystemof government that we have.Lt. Cmdr. Charles Swift, U.S. Navy
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INTRODUCTION
Heres a not-so-hypothetical conversation between an eagerand enthusiastic district judge and an experienced and reflectivecircuit judge.
District Judge:
What would you think of a systemthat affordedthose accused of crimes scrupulously fair trialsover which wholly independent judges preside,but which turns those convicted over to theprosecutors for such punishment as they maydetermine?
Circuit Judge:
Utterly unfair, of course. That would be even
Case 1:01-cr-10469-GAO Document 734 Filed 06/18/04 Page 2 of 177
 
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524 U.S. 721 (1998). In dissent in Monge, a decision thatpredated Apprendi v. New Jersey, 530 U.S. 466 (2000), and Ring v.Arizona, 536 U.S. 584 (2002), Justice Scalia argued that theSupreme Courts approach to criminal sentencing would permitCalifornia to repeal all the crimes in its criminal code, replacethemwith a crime of “knowingly causing injury to another,punishable by up to 30 days in prison, and permit a sentencing judge to impose an increased sentence up to life imprisonment ordeath, based on “sentencing enhancements” regarding increasinglevels of mens rea, level of injury, etc., proved to the judge bya mere preponderance of the evidence. 524 U.S. at 738-39(Scalia, J. dissenting). Unlike the systemthat our hypotheticaldistrict judge describes, Justice Scalias hypothetical systemwould at least require some proof of the relevant facts beforeimposing enhanced penalties, and would leave the decision to a judge who, even in state systems where judges are elected or lackthe protections frommajoritarian pressure that federal judgesenjoy, has a sense of historical role and duty that would makeher a more reliable sentencer than a prosecutor.3more “sinister” than the nightmare hypotheticalregime that Justice Scalia described in Monge v.California.
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District Judge:
Well, isnt this the systemwe have today underthe so-called “guidelines”?
Circuit Judge:
Not at all. As weve been at pains to point outto you and your colleagues, the SentencingGuidelines –- while intricate -– control federalsentencing and must be obeyed.
District Judge:
I accept that. I have to. But what about thegovernment?
Case 1:01-cr-10469-GAO Document 734 Filed 06/18/04 Page 3 of 177

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