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U.S. v. TUCKER

No. 03-3139.

386 F.3d 273 (2004)

UNITED STATES of America, Appellant, v. Darin M. TUCKER, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided October 26, 2004.

Attorney(s) appearing for the Case

Lisa H. Schertler, Assistant U.S. Attorney, argued the cause for appellant. With her on the briefs were Roscoe C. Howard, Jr., U.S. Attorney at the time the brief was filed, Kenneth L. Wainstein, U.S. Attorney, and John R. Fisher and Florence Y. Pan, Assistant U.S. Attorneys. Thomas J. Tourish, Jr., Assistant U.S. Attorney, entered an appearance.

Lisa B. Wright, Assistant Federal Public Defender, argued the cause for appellee. With her on the brief was A. J. Kramer, Federal Public Defender. Neil H. Jaffee and Shawn Moore, Assistant Federal Public Defenders, entered appearances.

Before: GINSBURG, Chief Judge, and EDWARDS and ROBERTS, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROBERTS.

ROBERTS, Circuit Judge:

The district judge in this case declined to sentence the defendant according to the Sentencing Guidelines because he disagreed with the Guidelines. As the judge put it, he was "not going to be the instrument of injustice in this case." Presentence Hearing Tr. at 4 (July 18, 2003). The Supreme Court has explained that "`[s]imple justice' is achieved when a complex body of law developed...

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