We're back. Our short absence can be directly traced to two United States District Court Judges at opposite ends of the country who had no problem making us try two cases back to back. As the saying goes, the difference between the Almighty and a US district court Judge is that the Almighty does not think she is a US district court judge...
Judge Hanzman, a popular subject for the commentators on this blog has issued a ruling that has the FACDL members yapping. We re-print it here for your review and comments.
Judge Hanzman has entered the arena of minimum mandatory sentences. This arena was created by the legislature with the full belief that the 24 year old prosecutor with a year under her belt in court, is more trustworthy, better suited, better able, more experienced and overall a better person to decide the fate of a defendant facing a 15 year minimum mandatory sentence than a wise and experienced judge like Judge Hanzman, who has more than likely tried more cases in his career, than three times the years our young prosecutor has lived on this earth and sipped her Starbucks lattes every morning.
That being said, Judge H reaches into the dark and murky area of the the Restatement of Contracts to come to the decision that HE and not the prosecutor, is best suited to decide the fate of a defendant facing a minimum mandatory sentence.
Judge for yourself.
Order Accepting Plea and Imposing Sentence by Rumpole21 on Scribd
From Occupied America, bully for Judge Hanzman fighting the power!
p.s. Our unscientific survey leads us to believe the last judge in the REGJB to cite the restatement of contracts in a ruling was ...never.