The defendant appealed the new sentence, arguing that the district court's authority was limited to resentencing him only within the range of sentences available at the time of the initial sentence. The Fifth Circuit declined to follow those rulings and affirmed the sentence of 24 months. In arriving at that conclusion, the Fifth Circuit showed a remarkable ability to pick and choose provisions from the very same statute to bolster its position. By now, there can be no serious dispute that the Guidelines have created a system of justice in which practical wisdom has given way to pettifoggery, and in which almost religious adherence to mechanistic theories of law have taken precedence over fairness and compassion. Sentences no longer serve any rational or valid penological purpose.
Rehabilitation is out.
Long sentences based on retribution are in.