“Hmmm. So you’re saying of congress were to pass a law saying a 10 year mandatory sentence was required of anyone convicted of using a firearm during the commission of a felony, that would be unconstitutional or a violation of the separation of powers?”
No. I am saying that any new law would still have to go through the courts because the courts are who determine sentencing in criminal cases. The new law can say what you suggested it say, but Ramos and Compean would still have to go back to court. Not only that, but any future cases would still be decided by the court as to what the intention of the law was and sentence according to their interpretation.
Of course if the judges have any reading comprehension skills they will come to the same conclusion as to the interpretation and will sentence accordingly.
Sorry, i didn’t know exactly what you were referring to.
Once that law is passed, all R&C attorneys need to do is go to a Federal judge and have them issue an order for their release.
Simple as that.