Pubdate: Mon, 17 Jan 2005 Source: Times Leader (Wilkes-Barre, PA) Copyright: 2005 The Times Leader Contact: http://www.timesleader.com/ Details: http://www.mapinc.org/media/933 Author: Terrie Morgan-Besecker SENTENCING RULING'S IMPACT UNCLEAR Mandatory Application of Guidelines Being Struck Down by High Court Is Mixed Bag for Defendants, Say Attorneys. SCRANTON - A U.S. Supreme Court ruling that impacts how federal judges impose sentences could be a double-edged sword for defendants, with some benefiting and others facing harsher sentences, several area defense attorneys said. The nation's high court struck down last week the mandatory application of sentencing guidelines. Federal judges must still consider guidelines, the court said, but they can now use their discretion in deciding whether to apply them to a particular defendant. The ruling will impact all cases pending before U.S. district courts across the nation, but will not necessarily result in a rash of appeals to reopen cases, said attorney Phillip Gelso of Wilkes-Barre, who handles many federal cases. Gelso said the Supreme Court tailored its ruling to impact only current cases or cases that are currently on appeal before the various federal circuit courts. Cases that have already been decided on appeal by a circuit court are not affected. Martin Carlson, first assistant U.S. attorney for the Middle District of Pennsylvania, said the ruling is not expected to dramatically impact the office's operation. Carlson said the guidelines now are advisory, but his office will encourage judges to voluntarily abide by them. Joseph Cosgrove, a Forty Fort attorney, said he believes the ruling ultimately will lead to fairer - but not necessarily lighter - sentences. Defense attorneys have long criticized federal guidelines because they precluded judges from taking into consideration mitigating factors in a person's background that might reduce a sentence. The only requirement is that the sentence be "reasonable," Cosgrove said. Gelso sees the ruling as a mixed blessing for defendants. "It takes a level of certainty out of the system," Gelso said. Attorney Enid Harris said she's concerned about the uncertainties that result from the high court ruling. She noted the dissent by Justice Antonin Scalia, who predicted the change will create "chaos" in the courts. "There will be all sorts of unequal and disparate sentences depending on the judges, which is what the mandatory guidelines were meant to address," she said. - --- MAP posted-by: Richard Lake