Twice recently the Supreme Court has chastised the U.S. Department of Justice for extending criminal guidelines beyond their logical application to be able to secure a conviction. Beyond their effects for specific defendants, these decisions delivered a welcome message to prosecutors which they should never uproot a statute from the clear context to get their guy (or girl).
Often, nonetheless, prosecutors are aided inside their overreach by guidelines being therefore vaguely written it’s not clear precisely what conduct has been targeted. Read more