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February 23, 2016

Federal district judge in Nebraska calls 10-year mandatory prison sentence for drug offender "absolutely ridiculous"

This local article from the Lincoln Journal Star, headlined "Judge: 10-year sentence is 'absolutely ridiculous'," reports on a notable comments from a federal district judge as he sentenced a seemingly low-level drug offender to a decade in federal prison. Here are the basics from the start and end of the lengthy article:

On a recent Friday in a federal courtroom in Lincoln, a federal judge spoke critically about the 10-year sentence he was on the verge of handing down to the Lincoln man, a nonviolent, recovering meth user. U.S. District Judge John Gerrard's hands were tied.

"The only reason I'm imposing the sentence that I am imposing today is because I have to," he told Leo Guthmiller III on Feb. 12. "That's what Congress mandates." He called Guthmiller, the man at the defense table, Exhibit A for why Congress should pass the Smart on Crime Act. Last June, in a similar case, he called Robyn Hamilton the poster child for it.

In both of the cases, Gerrard, a former Nebraska Supreme Court justice nominated to the federal bench by President Barack Obama in 2011, said the sentence didn't fit the crime. There should be imprisonment, he said, but 10 years in cases like these is ridiculous, draconian even....

[O]n Feb. 12, federal public defender John Vanderslice said Guthmiller got arrested June 20, 2013, at a Lincoln Walmart with a small amount of methamphetamine on him, got accepted into the Lancaster County Drug Court on the state charge and has been clean and sober ever since.

Guthmiller thought drugs were in his past, then, in 2015, he was federally indicted for being part of a conspiracy to distribute methamphetamine in Lincoln back in 2013 for introducing people who were buying and selling it and sometimes getting a cut for it. He pleaded guilty.

"This war on drugs that we are waging in this country with mandatory minimum sentences as applied to a person like Mr. Guthmiller, it's tragic," Vanderslice said at the sentencing. He said it's turned Guthmiller's life upside down.

An emotional Guthmiller apologized for all his past transactions "and everything that's led me to this moment in my life."

"I have worked really hard to turn my life around," he said. "And I'm proud to say that even with all this present stuff facing me that I will continue to do so."

Then, Gerrard handed down his sentence, saying there "should be just punishment, respect for the law. But a 10-year sentence is absolutely ridiculous in a case like this. But there may be another day in court at some point in time." He allowed Guthmiller to report to prison in April.

February 23, 2016 at 10:43 AM | Permalink

Comments

When you have a sentencing regime, there will always be those who are arguably overpunished. And the reason for this is that legislatures want to be certain that X crime will result in at least X time.

What is interesting to me though---the outrage leveled at an arguable overpunishment with no concomitant outrage over too lenient sentences.

Posted by: federalist | Feb 23, 2016 12:07:36 PM

"No concomitant outrage over too lenient sentences"??????? Is that sarcasm?

Posted by: Thinkaboutit | Feb 23, 2016 12:52:19 PM

Federalist, are "too lenient" sentences all that common? Do "too lenient" sentences explain why U.S. has highest per capita incarceration in the world?

Posted by: onlooker | Feb 23, 2016 2:37:38 PM

No outrage over "too lenient" sentences? Google "Ethan Couch."

Posted by: vachesacree | Feb 23, 2016 6:37:01 PM

ah vachesacree is back. The point, vachesacree, is that the "over incarceration" crowd never seems to care about systemic lenience to criminals in urban areas or elsewhere.

But hey, bring it on.

Posted by: federalist | Feb 23, 2016 7:55:13 PM

Instead of "conspiring" and using meth , he should have been checking the water supply in Flint, MI, as an employee.

He could then say, “Oops.” , and suffered the loss of a gold star in his HR file .

A Draconian punishment does not reach the level of cruelty in this case !

An easy way to lower the prison population and concurrently reduce recidivism is to summarily execute the “prisoner” upon conviction or release from prison ; thereby eliminating the cost of confinement , the risk of future criminal conduct , and an elevated unemployment rate due to out of work ex-prisoners looking for work •
☺ Johnathan Swift would ♥ it ‼ ☺

Respectfully and kindly submitted , DJB
As always , Nemo Me Impune Lacessit
Cum capitibus suis

Posted by: Docile Jim Brady „ the Nemo Me ♠ Impune Lacessit guy in Oregon ‼ | Feb 24, 2016 4:00:02 AM

Federalist decries "systemic lenience to criminals in urban areas or elsewhere." I ask Federalist what planet he is living on?

Posted by: onlooker | Feb 24, 2016 9:32:22 AM

Pardon me Ray.

Posted by: HaroldRectum | Feb 24, 2016 10:19:32 AM

Washington DC. Wonder what those racists who assaulted and robbed a US marine are going to get---um not much.

Posted by: federalist | Feb 24, 2016 8:34:00 PM

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