MIAMI AP – U.S. prosecutors face steep legal hurdles if they appeal the prison terms imposed on Jose Padilla and two other men convicted of terrorism conspiracy and material support charges because of the broad powers federal judges enjoy in deciding sentences.
Only a few years ago, judges were required to more closely follow federal sentencing guidelines and deviations were difficult. But with its 2005 U.S. vs. Booker decision, the U.S. Supreme Court began a series of rulings handing judges far more discretion to vary sentences based on individual circumstances.
