This does not resonate with my experience. In the US, reporters will often describe sentences as "up to 1024 years", but the actual sentences are different. See https://www.popehat.com/2013/02/05/crime-whale-sushi-sentenc...

Note that, in parallel to the EU regulation, the statutory maximums can be enacted(ever since Booker judges can use their discretion again), but in reality most judges rule within the sentencing guidelines.