Using 'Daubert' to evaluate evidence-based sentencing

Why? Assume that both Jack and Jill's cases are identical in facts, procedure, jury composition, and verdict. The only relevant difference is that Jack is a man and Jill is a woman. Statistically, men are more likely to recidivate than women, and under a sentencing system called evidence-based sentencing, the judge agrees that Jack is more likely to commit another crime due to his gender. The solution to this prediction? Jack will spend more time in prison, simply because he is a man.