DOWNWARD DEPARTURE IN SENTENCE WAS WRONG

There was a time when people in the professional ranks - doctors, lawyers
and others - received unconditional respect from the people they served.
Individuals entered their chosen careers so they could serve others. That
motivation no longer appears to be universally true. Somewhere along the
line altruistic motivations of professionals started melding with other
more base drives like wealth, power and position. Things that were
inconceivable just a few years ago have become more common in American
society, and the unthinkable is becoming reality. On Thursday, Dr. Franklin
Sutherland, a well-known and beloved Buchanan County general practitioner,
was sentenced to almost six years in federal prison for illegally
prescribing medications. U.S. District Judge James P. Jones of the Western
District of Virginia, noted that "Dr. Frank's" conviction was a double
tragedy in that a beloved physician had to go to jail, and a medically
under-served community will have to get along with one less doctor.

At least, in part because of an injury Dr. Frank received as an infant,
Judge Jones departed from the federal sentencing guidelines by about 70
percent, and instead of about 20 years, sentenced him to five-plus years.
Sutherland's lawyer, Tom Dillard said that the doctor already lost his
license and his clinic. Dillard said the sentence has already been imposed.

However, Assistant U.S. Attorney Randy Ramseyer pointed out the inequity in
Dr. Frank's sentence especially when compared to sentences routinely meted
out to drug pushers. People who are convicted in the federal system of
selling crack cocaine routinely receive longer prison terms. As Ramseyer
pointed out during the sentencing, almost all criminals can point to a
moment from their youth that made a difference in the criminal activity
they become involved in later in life.

Still, the larger issue here involves the precedence set by the downward
departure - a rarity in the federal system. One of the greatest strengths
of American democracy is that the law applies to everyone, equally.
Recognizing the tragedy of drug addiction and recent cases involving abuse
of oxycodone, federal authorities have been very aggressive in their
pursuit of prescription drug abuse.

We're not operating in a vacuum here, and the problems associated with
prescription drug abuse have gained a lot of publicity. Given that context,
the feds aren't exactly lying in the bushes waiting to pounce on otherwise
unsuspecting doctors. There's a problem and the feds are out to provide
solutions.

With that understanding in mind, it is inappropriate to reduce the sentence
on one criminal without reducing sentences for all similar criminals. Long
jail terms serve as a deterrent in the federal system, and downward
departures should be used sparingly.