Carrington

I. Factual Background

A. Craig Carrington’s Original Sentencing Hearing

On May 14, 1990, Craig Carrington pleaded guilty to con- spiracy to distribute 500 grams or more of a mixture and sub- CARRINGTON v. UNITED STATES 19383 stance containing cocaine under 21 U.S.C. §§ 841(a), 841(b)(1)(B). The district court, Judge Robert Bryan, held a two-day sentencing hearing on October 22-23, 1990. During that hearing, Judge Bryan commented:

You know, let me just say something, I guess, for the record or the benefit of people that are interested.

I hear the plea all the time from defense lawyers . . . that the guidelines are not fair as applied to an indi- vidual case and there ought to be a different result. . . . I’m stuck with bad law and criminal defendants are stuck with bad law and the rest of society is stuck with bad law. . . .

I have been sentencing felons for 21 years, and in the last couple of years I’m faced with these guidelines, and it’s very frustrating because it has diminished my responsibility and my authority. But the reason for these guidelines is to do exactly that. That is, to diminish the judge’s discretion. I think that I must, if I am to do my…