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Backwards and in High Heels

Strict Scrutiny

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The Sentencing Guidelines for Child Pornography

The Supreme Court has said federal judges cannot simply say, I will sentence you to the term provided by the guidelines. 70% of federal judges sentence people below the guidelines that happens in 80% of cases in the district where Judge Jackson sits. The sentencing commission authored a report co-authored and recognizing that the sentencing guidelines don't fulfill Congress's goals. And so the reality is is that if a judge just sentenced a person convicted of child pornography to within the guidelines, that judge would be reversed because they wouldn't be complying with a statute.

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