Opinion: Paul Manafort's 47-month sentence is a consequence of the vast discretion given to federal judges to issue sentences without real fear of being overturned
The 47-month sentence imposed on former Trump campaign chairman Paul Manafort has drawn widespread criticism that Judge T.S. Ellis’s decision to give Manafort a sentence far below the 19.5 to 24.5-year guidelines range was motivated by Manafort’s race and class or by partisan bias. In fact, his flawed decision is a consequence of the vast discretion given to federal judges to issue sentences without real fear of being overturned.
The fundamental unfairness of these sentencing disparities is one factor that led to the creation of the federal sentencing guidelines, which went into effect in 1984. Despite being called “guidelines,” at the time of their creation they were mandatory. During that era of federal sentencing, Judge Ellis would have been forced to give Manafort a sentence between 19.5 and 24.5 years, with very limited exceptions.
That said, more should be done to reduce the unfairness caused by the unbounded discretion afforded to federal judges. In my experience, judges relate to defendants like Manafort, who look like them and often come from the same privileged background many of them do, which can result in lower sentences for white-collar defendants. Of course, there are other important factors that create sentencing disparities.
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