United States v. Russell "Rusty" Prevatte and Robert A. Soy

I join the opinion of the court, but add some thoughts on the life-sentence issue. The issue is exceptionally difficult, and unfortunately the difficulty is disproportionate to its actual importance other than to the two defendants. But with so much potentially at stake for them, we owe it careful consideration.

Until last year, the federal criminal code forbade the imposition of a life sentence for crimes involving the destruction of airplanes, motor vehicles, or their places of storage unless a jury recommended a life sentence. 18 U.S.C. § 34. (The requirement of a jury recommendation was…