United States v. Tucker, Darin

Opinion for the Court filed by Circuit Judge ROBERTS.

ROBERTS, Circuit Judge:

The district judge in this case declined to sentence the defendant according to the Sentencing Guidelines because he disagreed with the Guidelines. As the judge put it, he was “not going to be the instrument of injustice in this case.” Presen-tence Hearing Tr. at 4 (July 18, 2003). The Supreme Court has explained that “ ‘[sjimple justice’ is achieved when a complex body of law developed over a period of years is evenhandedly applied.” Federated Dept. Stores, Inc. v. Moitie, 452 U.S. 394, 401, 101 S.Ct. 2424, 2429, 69…