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Michael Mukasey Tells Congress to Close Crack Sentencing Loophole, Stop
Release of 1,000s of Criminals
Wednesday, February 06, 2008
WASHINGTON - Attorney General Michael Mukasey wants Congress to act within
weeks to prevent the release of thousands of violent criminals from federal
prison under new crack cocaine sentencing rules.
In testimony prepared for a House hearing Thursday, Mukasey indicates a
willingness to go along with new sentencing guidelines that reduce federal
prison time for crack cocaine convicts - but only for first-time, nonviolent
offenders.
New U.S. Sentencing Commission rules taking effect in less than a month
would let nearly 20,000 federal inmates seek reductions in their crack
cocaine sentences.
It's unclear, if not unlikely, that Congress would act before the rules take
effect.
Mukasey, who is to testify before the House Judiciary Committee, said
releasing all the inmates eligible under the Sentencing Commission's
guidelines could increase violent crime in communities and clog up courts.
The Justice Department estimates that two-thirds of federal inmates serving
time for crack cocaine also have violent criminal histories or gun charges
in their pasts.
"We think it is imperative for Congress to pass legislation to address the
Sentencing Commission's decision," Mukasey wrote to the House committee.
"I emphasize that we are not asking this committee to prolong the sentences
of those offenders who pose the least threat to their communities, such as
first-time, nonviolent offenders," Mukasey wrote.
The Sentencing Commission's guidelines kick in March 3. About 1,600 federal
inmates could be eligible for immediate release.
The commission, which sets federal sentencing guidelines that help judges
mete out prison time, voted unanimously in December to let crack cocaine
convicts seek the retroactive reductions. The commission acted to ease the
disparity between comparatively harsher prison sentences for crack
violations than for powder cocaine.
Four of every five crack defendants are black. Most powder cocaine
convictions involve whites.
If Congress blocks the new guidelines for all but the nonviolent first
offenders, Mukasey repeated past Justice Department pledges to consider
"changes to the current statutory differential between crack and powder
cocaine offenses."
A commission spokesman did not immediately return a call seeking comment
Wednesday, and a House Judiciary Committee official did not have an
immediate response.
Mary Price, vice president of sentencing reform organization Families
Against Mandatory Minimums, said the Justice Department still will have the
ability to make a case against any of the inmates who are seeking reduced
sentences. She called Mukasey's 11th-hour appeal to Congress "a little
startling."
"This is not the right approach," Price said. "The Justice Department should
do its job if they consider somebody who's not appropriate for release."
Michael Mukasey Tells Congress to Close Crack Sentencing Loophole, Stop
Release of 1,000s of Criminals
Wednesday, February 06, 2008
WASHINGTON - Attorney General Michael Mukasey wants Congress to act within
weeks to prevent the release of thousands of violent criminals from federal
prison under new crack cocaine sentencing rules.
In testimony prepared for a House hearing Thursday, Mukasey indicates a
willingness to go along with new sentencing guidelines that reduce federal
prison time for crack cocaine convicts - but only for first-time, nonviolent
offenders.
New U.S. Sentencing Commission rules taking effect in less than a month
would let nearly 20,000 federal inmates seek reductions in their crack
cocaine sentences.
It's unclear, if not unlikely, that Congress would act before the rules take
effect.
Mukasey, who is to testify before the House Judiciary Committee, said
releasing all the inmates eligible under the Sentencing Commission's
guidelines could increase violent crime in communities and clog up courts.
The Justice Department estimates that two-thirds of federal inmates serving
time for crack cocaine also have violent criminal histories or gun charges
in their pasts.
"We think it is imperative for Congress to pass legislation to address the
Sentencing Commission's decision," Mukasey wrote to the House committee.
"I emphasize that we are not asking this committee to prolong the sentences
of those offenders who pose the least threat to their communities, such as
first-time, nonviolent offenders," Mukasey wrote.
The Sentencing Commission's guidelines kick in March 3. About 1,600 federal
inmates could be eligible for immediate release.
The commission, which sets federal sentencing guidelines that help judges
mete out prison time, voted unanimously in December to let crack cocaine
convicts seek the retroactive reductions. The commission acted to ease the
disparity between comparatively harsher prison sentences for crack
violations than for powder cocaine.
Four of every five crack defendants are black. Most powder cocaine
convictions involve whites.
If Congress blocks the new guidelines for all but the nonviolent first
offenders, Mukasey repeated past Justice Department pledges to consider
"changes to the current statutory differential between crack and powder
cocaine offenses."
A commission spokesman did not immediately return a call seeking comment
Wednesday, and a House Judiciary Committee official did not have an
immediate response.
Mary Price, vice president of sentencing reform organization Families
Against Mandatory Minimums, said the Justice Department still will have the
ability to make a case against any of the inmates who are seeking reduced
sentences. She called Mukasey's 11th-hour appeal to Congress "a little
startling."
"This is not the right approach," Price said. "The Justice Department should
do its job if they consider somebody who's not appropriate for release."