Under the current sentencing structure, the sentencing guidelines are only advisory. Judges must calculate the relevant guidelines correctly and take them into account, but they are only advisory. But the command of the statute is that the court “shall impose a sentence sufficient, but not greater than necessary” to comply with the four purposes of sentencing set forth in 18 U.S.C. §3553(a)(2) —namely to reflect the seriousness of the offense, provide adequate deterrence and protection of the public, and provide the defendant with various forms of treatment. I have always thought that was one of the wisest laws that Congress has passed.
While it may not be easy to determine, the law commands us to impose a sentence that is not greater than necessary to accomplish the four major goals of sentencing, the so-called parsimony clause. If we impose a sentence that is greater than necessary we are, quite simply, violating the law. While it may not be easy to make that determination, ultimately we must be satisfied that the sentence is the minimum sentence that will satisfy the goals.
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