John Roberts on Drugs Supreme Court Justice (nominated by Pres. George W. Bush 2005)

Ok to search cars without particular evidence in mind

Judges cannot overrule guidelines even if unjust

The district judge 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."

On March 20, 2003, Tucker pled guilty to possession with intent to distribute cocaine. The Guidelines range from 57-71 months' imprisonment. At the July 18, 2003 pre-sentence hearing, the district court acknowledged Tucker's drug testing failures, but observed that Tucker had "comported himself as a model citizen since his arrest."

The district court was not attempting to apply the Guidelines in this case; it instead seemed intent on defying them. A downward departure in sentencing [might or might not apply, but] we vacate Tucker's sentence and remand for re-sentencing consistent with the Sentencing Guidelines. So long as these Guidelines are the law of the land, we-and the district courts-are obligated to apply them.