“The original judge didn’t like the Statutory Minimum set by Congress for the offense for which the defendants were convicted, so he sentenced them to less. DOJ appealed, and prevailed at the 9th Circuit”
True, but this should have settled the question for any future cases. It offends a basic rule of justice that a person goes to prison for a rational sentence, serves without incident, and is released,,,only to be sent back for more prison.
The case should have clarified the judges right to do deviate in a future case, but it shouldn’t affect these two guys. That’s simply wrong.
Except they chose to serve time while the case was being appealed. The Hammonds did not win on appeal so they had to serve a longer sentence. They will get credit for time served.