Abstract
Eighth Circuit Judge Gerald Heaney finds that guidelines' structure and operation have engendered new disparities and exacerbated old ones.1 Using new empirical and anecdotal evidence, he seeks to measure the impact of the guidelines on the overall administration of justice. He concedes that no guidelines system, however faithfully applied, will eliminate disparity. But a rational sentencing system must seek to minimize unwarranted sentencing disparity. This article explores unwarranted dispari ties hidden in the guideline system. The Senate Report on the Sentencing Reform Act described disparity as an unjustifiably wide range of sentences [imposed upon] offenders with similar histories, convicted of similar crimes, committed under similar circumstances.2 The Senate identified
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