While it is an interesting theory, the statistics provided in a chart don't lead me to the same conclusion. The guidelines took effect in 1988, yet the decline between 1980 and 1995 was almost a straight line. Professor Leipold's theory does not seem to account for the decline in the conviction rate of federal judges from above 85% in 1980 to below 70% by the time the guidelines took effect in 1988.
I would hate to see sentencing guidelines in the military justice system. But I would not be surprised if some congressman attempted to introduce legislation to establish them. After all, military sentences often seem truly disparate, even after considering matters in aggravation and mitigation. I have always considered the military sentencing system one of its major flaws. Before the existence of military judges, court members had to determine sentences. But it makes no sense now. In the last 20 years, the court-martial rate has dropped significantly, and court members often lack experience sentencing. Judge alone sentencing would not be a panacea, but I would still expect more rational and consistent sentencing than we see today.