"Studies of mandatory minimums conclude that they fail to reduce crime, they waste the taxpayers' money, and they often require the imposition of sentences that violate common sense".
Any sentence following conviction, however, would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
"Nothing in the court's opinion affects the imposition of a sentence to a term of years without the possibility of parole," he wrote.
Judge Berman's comments in court today, and his imposition of a sentence that prosecutors are likely to see as too lenient, perhaps made the same point.
The Bureau of Prisons, which has been granted discretion by the district court over the imposition of the sentence, scheduled McVeigh's execution for May 16 , 2001
The mechanism was particularly problematic, he said, because "a lot of district judges and a lot of court of appeals judges don't like the death penalty and will go to some length to prevent the imposition of that sentence".
Former State Assemblyman Clarence Norman Jr., left, was returned to State Supreme Court in Brooklyn yesterday from the Oneida Correctional Facility in Rome, N.Y., for imposition of another sentence of one to three years in prison, prosecutors said.
"Because these documents cast no doubt on the surety of his guilt, the Justice Department will vigorously oppose any attempt to further delay the imposition of the sentence," Mr. Ashcroft said in a statement.
When the cases were argued in October, Justice Samuel A. Alito Jr. said he was concerned that the rulings were a ploy "that will permit stays in virtually every capital case" because "a lot of district judges and a lot of court of appeals judges don't like the death penalty and will go to some length to prevent the imposition of that sentence".
"In my opinion the publication of these egregious articles warrants the imposition of a sentence that takes account of Ms Wran's continuing exposure to the risk of custodial retribution, the unavoidable spectre of enduring damage to her reputation and an impeded recovery from her ongoing mental health and drug-related problems," he said.
