The problem with prosecutorial discretion is that it allows prosecutors to drift down from the baseline sentencing (see: DACA re: DREAM Act) but also choose not to. In this case, the AUSA clearly decided that maximizing the sentence was the best way to get a plea bargain to increase his metrics of successful prosecutions.

The law is never going to be perfect, and our outcries do more to serve as a perpetual reminder (see: SOPA) against legal overreach than any law will be.