In 1990, U.S. District Judge Lawrence Irving resigned from his San Diego Bench to protest Congress’ decision to pass mandatory minimum sentencing guidelines that removed judges’ discretion to impose sentences. Irving considered his position to be his “dream job,” but found the federal mandatory sentencing guidelines “unconscionable.”

The case behind his decision to resign stemmed from an enormous drug cartel prosecution in which he deemed many of the 98 defendants to be young and only peripherally involved in the conspiracy. However, new federal guidelines would have mandated five-year prison sentences for all of the defendants. Irving did not think the mandatory federal guidelines were a fair way to determine sentencing, especially considering the different circumstances associated with every defendant in each case. His resignation ignited a series of resignations by other judges around the country who had similar concerns.

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