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Sentencing: Mukasey Tells Congress to Pass Bill Blocking Early Release for Crack Prisoners

Submitted by Phillip Smith on (Issue #522)
Politics & Advocacy

US Attorney General Michael Mukasey took his campaign against retroactive early releases for people sentenced under the federal crack cocaine laws to a new level Wednesday as he called on Congress to pass legislation by March 3 to block the releases. This week's call to arms comes just a few days after Mukasey first sounded the alarm about the release of crack prisoners, raising the specter of thousands of criminals pouring out of the nation's prisons and wreaking havoc on the streets.

Michael Mukasey -- the mini-Ashcroft
Mukasey is responding to a decision by the US Sentencing Commission in December to make changes in the crack sentencing guidelines retroactive so they will apply to about 20,000 prisoners doing time under the crack laws. Earlier in the year, the commission had changed the sentencing guidelines for current offenders. The decision making the changes retroactive will go into effect March 3.

While as many as 20,000 crack prisoners could apply for sentence cuts, each one will have to go through a judicial process, and the cuts are not guaranteed. And only about 1,600 of them are eligible for sentence cuts that could result in their being released this year.

But that hasn't stopped Mukasey from playing up the fear angle. He was at it again Wednesday during a House Judiciary Committee hearing. In testimony prepared for that hearing, Mukasey said, "Overall, the Sentencing Commission estimates that retroactive applications of these lower guidelines could lead to the re-sentencing of more than 20,000 crack cocaine offenders, any number of whom will be released early."

Congress needs to act to avert that threat, Mukasey said. But given that March 3 is less than a month away, given that Congress very rarely moves so swiftly, and given that Congress passed on the chance to kill the retroactivity provision last year, Mukasey seems unlikely to get his wish.

Permission to Reprint: This content is licensed under a modified Creative Commons Attribution license. Content of a purely educational nature in Drug War Chronicle appear courtesy of DRCNet Foundation, unless otherwise noted.

Comments

Anonymous (not verified)

There are four statutory goals of Federal sentencing -- Punishment, Deterrence, Incapacitation, and Rehabilitation.

If these defendants are such dangers still after years (sometimes decades) in prison, then it would seem the Department of Justice and its component part, the Federal Bureau of Prisons, failed at least two of those mandatory goals (deterrence and rehabilitation). Where is AG Mukasey's shock and scorn at Federal officers who have failed their statutory duties in this drug war?

EJ Hurst II
Attorney at Law
PMB No. 124
550M Ritchie Highway
Severna Park, Maryland 21146
Tel. (859) 361-8000
Fax. (866) 876-7269

[email protected]

http://www.victorvillefoia.org/

Fri, 02/08/2008 - 5:31pm Permalink
Anonymous (not verified)

If, Mukasey thinks that keeping crack users locked up for extended periods of time is a good thing- he is out right a known racist. Or could he be getting something profitable out of the deal. My son was sentenced 100 months for less 50 but more than 20grams of crack. No weapons, no violence was involved. In addition to that the arresting officer refused to testify because he was fired under questionable circumstances.

Bernice

Sun, 02/10/2008 - 10:15pm Permalink
Anonymous (not verified)

Sorry, Its not racism, Don't use crack. Chemical drugs are a horrible menace to society, Smoke pot!

Tue, 02/12/2008 - 4:44pm Permalink
Anonymous (not verified)

As we see over and over, our federal goverment has poured billions of dollars into the war on drugs. They have failed miserably. We have far more important things we should be concerned about than putting recreational drug users in prison.

Such as: Improving the quality of life for our senior citizens.
Developing a Health Care Plan for the uninsured.
Increasing benifits to our disabled citizens.
Invest in the revitalization of our inner cites.
Invest in further education of those who wish to continue their education and contribute more to our society but can't afford to do so on
their own.
Invest federal monies in the start up of new small businesses.
Provide federal grants to individuals wishing to start their own business.

It's time to stop this ridiculous war on drugs. We don't need to put any more non-violent recreational drug users in prison. Personaly I think it's ridculous when someone possessing a pound of pot or cocain actualy can spend more time in prison than a convicted murderer.

Thu, 02/14/2008 - 4:42pm Permalink

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