The best post-Booker strategy for the U.S. Sentencing Commission is to do nothing. The pre-Booker guidelines were too rigid, too harsh, and, for those reasons, too often circumvented. Post-Booker, the federal guidelines provide a framework and starting points for sentencing and plea bargaining which should produce reasonable consistency within individual district courts. Different sentencing patterns between districts, and significant differences between regions of the country are inevitable and produce far less injustice than did the pre-Booker guidelines.

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