I don't know if you guys haven't noticed, at least on the Federal level, the Judicial government pretty much don't have much discretionary power anymore. Nothing to do with 9/11 but its been this way for the past 20 or so years. For example, when it comes to criminal justice judges do not decide how much time you serve, your probation officer does, why? because he writes the Pre Sentencing report which lists all the factors and decide on a narrow range of time as per the sentencing guideline. The judge can only choose from that narrow range unless there are reason for upper or lower departures which is rare. Therefore if you got into trouble with the Feds, be nice to your probation officer cause he decides your sentence and he could make you do a million years just by writing weird stuff on your pre sentencing report! The supreme court could probably overturn it but they haven't and don't look like they will either.
That's America for you...