Nordean's sentence is obviously pegged to Rhodes'. All other sentences have been pegged to Rhodes'. And Justice is appealing Rhodes' sentence. How is that going to work if Rhodes is sent back for resentencing? It's not going to work smoothly, I'll tell you that! Every other main cretin is going to have resentencing. Either DOJ will appeal all of those so obviously connected or file motions with the D.C. judges. And if federal sentencing guidelines jurisprudence is like Florida's, (and Florida patterned after the feds), then Rhodes sentence (and all others) are going to get reversed. 

You just don't fuck with sentencing guidelines. They're the product of sober, collective judicial thought. They're guidelines, they're not designed to bind a judge to just one number, they give her a range; in Elmer's case, I think, the range was 27-33 years. Pick a number judge! But if you "depart", up or down, you have to provide written reasons justifying and there's a limited menu and "Cuz I feel like it" isn't there. The guidelines are simply to smooth the spikes in sentencing from a “hangin’ judge” and a “Let ‘em go Joe”. Just a little uniformity to avoid the arbitrariness of the draw.

Appellate judges (again, in Florida anyway) don't like to deal with this shit. Why can't you follow the guidelines? Now we have to waste our time reversing your ass. When an appellate court sees this bullshit--it's like the D.C. circuit established its own guidelines for these cases!--they get pissed. The D.C. circuit is flouting the guidelines that all judges live by. 

They're watching, the appellate court that has Elmer's appeal is watching, they see Judge Kelly pegging his sentences to Judge Mehta's, and they're getting steamed. 

Acerbic opinions of reversal are powered by steam.