This was brought up briefly on ESPN Radio All Night with Jason Smith on Wednesday(?) night. When the commish says 1st, or 3rd and 2nd does anyone see the problem with this? The league is saying - 'hey, what you did is wrong but if you don't do that well this year, we will be easier on you.' Thats like suspending a HGH user and saying 'hey, we're gonna give you 4 games but if your team still goes 4-0 we are going to extend it to 8' or MLB saying 'hey you used a cork bat but since you are in a 1-21 slump, we are going to reduce your suspension to 5 games from 9'. Obviously any punishment has to be implemented based on the infraction that was cited with no other consideration to how succesful the team was or may be in the future. I don't think the NFL wants to go down this road. To a certain extent, its similar to this: Can you imagine this after week 5: "hey Jeff Fischer - you can bring Pacman back since you are 3 games below 500.