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So what would happen to a federal judge if he just didn't impose the mandatory minimum sentence in a case like this? Wouldn't the constitutional separation of powers protect him from any consequences?


The judge would get in trouble.

Basically, if he didn't follow the guidelines and went lenient, the Prosecutor would appeal the case and get the sentence into the guideline range.

If the judge went over the maximum guideline amount, the Defendant could appeal the case.

No judge likes having his rulings overturned because he didn't follow the law.




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