“In short, the Holder Memorandum directs prosecutors to prevent application of mandatory minimum sentences for a select group of less-culpable defendants. Isn’t this A good thing? Yes, with a but. It’s a good thing that the Jane Does of the world can be sentenced according to the judge’s discretion and not according to mandatory minimum sentences. A lot of low-level, unsophisticated, and hapless mules and mopes and dupes will get far lower sentences, which is both just and less expensive for you, the taxpayer.
But I’m not happy that the methodology for the change is a fairly dramatic expansion of prosecutorial discretion.”
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