CRACK-SENTENCING REDUCTIONS DECRIED

Mukasey: Gang Members Would Be Let Go

The Bush administration wants Congress to thwart a plan to give
thousands of federal crack cocaine offenders a chance to marginally
reduce prison sentences that are a hundred times more severe than
those meted out for powder cocaine offenses.

In a statement prepared for his scheduled appearance before the House
Judiciary Committee today, Attorney General Michael B. Mukasey said
that unless Congress acts, "1,600 convicted crack dealers, many of
them violent gang members, will be eligible for immediate release
into communities nationwide" under a decision by the U.S. Sentencing
Commission.

"Retroactive application of these new lower guidelines will pose
significant public safety risks . . ." Mukasey said in the statement.
"Many of these offenders are among the most serious and violent
offenders in the federal system and their early release . . . would
produce tragic, but predictable results."

The commission, an independent body created by Congress to set
parameters for people convicted of federal crimes, voted in December
to retroactively apply more relaxed sentencing guidelines to current
inmates. The action was aimed at offsetting a disparity between
prison time meted out to those convicted of possession or sale of
crack cocaine and the sentences given for powder cocaine crimes.

Nearly 20,000 inmates could be released over a span of seven to 10
years after the plan takes effect March 3. Mukasey wants Congress to
act in about three weeks.

Under current law, possession of five grams of crack cocaine triggers
the same mandatory minimum sentence as possession of 500 grams of
powder cocaine. Because most crack cocaine offenders are black, and
most powder cocaine offenders are white and Latino, civil rights
activists, some lawmakers and scores of judges have said this
disparity is discriminatory.

When the commission eased the guidelines in May, Congress had until
November to prevent them from going into effect. It declined to do
so. After that, the commission moved to apply the guidelines retroactively.

Supporters of the commission's action say the fears raised by Mukasey
are overblown. They note that inmates would have their petitions to
be released heard by judges who would consider filings from
prosecutors and probation officers before determining an offender's
fitness to reenter society.

"I'm really kind of shocked that Attorney General Mukasey would
seemingly not have faith in the American judicial system to do all it
can to ensure that violent offenders are not released early and to
address a fundamental injustice in the criminal justice process,"
said U.S. District Judge Reggie B. Walton, who presides in the
District. "His position presupposes that judges will be irresponsible
in exercising their discretion."

The federal judiciary supported the Sentencing Commission, citing the
law's harsh impact on first offenders. It was joined by federal
public defenders, probation officers and activists.

Mukasey seemed to factor the criticism into his statement. "In
calling for action, 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, non-violent offenders."

The controversy over the sentence-reduction plan made its way into
the presidential campaign trail when it was brought up during a Dec.
1 debate between Democratic candidates.

Sen. Hillary Rodham Clinton (N.Y.) said she was against making the
guidelines retroactive. "In principle, I have problems with
retroactivity," she said. "It's something a lot of communities will
be concerned about, as well."

Sen. Barack Obama (Ill.) wavered. "Even if we fix this, if it was a 1
to 1 ratio, it's still a problem that folks are selling crack. It's
still a problem that our young men are in a situation where they
believe the only recourse for them is the drug trade."