The following excerpt is from U.S. v. Miller, 566 F.2d 426 (2nd Cir. 1977):
Probation revocation and modification are matters which call for the exercise of sound judicial discretion. United States v. Mulligan, 48 F.2d 93, 94 (2d Cir. 1931). We find no error here, however, either in the original sentence or in that imposed on revocation of probation.
To be sure, the use of the term "policy" was susceptible of misinterpretation. We do not approve or permit rigid classifications that prevent the exercise of the judge's legal discretion. United States v. Baker, 487 F.2d 360 (2d Cir. 1973). However, we take the judge's remarks considered as a whole to mean, not that imprisonment is mandatory in all drug cases, but that the fact of imprisonment in most drug cases in the district was a factor to be considered, in the light of the desirability of some uniformity of treatment among those similarly situated, and that the judge considered drug cases serious enough usually to merit a "sentence."
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