An intriguing view of Judge Alito's view of guideline sentencing

The blogosphere (here and here) is hard at work deconstructing student Sam Alito's 1974 Yale Law Journal note, which was authored more than three decades ago and deals with cases that are more than a half-century old.  Unsurprisingly, I think blog time would be better spent deconstructing Judge Sam Alito 1992 Federal Sentencing Reporter article, which provides an intriguing glimpse of Alito's view of sentencing under the federal guidelines.

Judge Alito's FSR article, entitled "Reviewing the Sentencing Commission's 1991 Annual Report," can be accessed here. The article lives up to its title by providing a thoughtful exploration and analysis of the USSC's work during the early days of the federal guidelines.  Though there are few "a-ha" moments in the article, Judge Alito's commentary consistently reveals that he has a refined understanding of the ins and outs of guideline sentencing.  In addition, many passages in this article show that Judge Alito has a particularly acute appreciation for how prosecutorial choices and restraints may impact guideline sentencing outcomes.