THE WAR ON CRACK

Regarding your April 21 editorial "In line on crack": Federal
prosecutors in Eastern North Carolina aggressively pursue crack
cocaine traffickers. The U.S. Sentencing Commission's decision to
reduce penalties for crack cocaine offenses is not helpful.

As a result of the commission's decision, there are 500 to 1,100
convicted crack dealers in Eastern North Carolina who may be eligible
for sentence reduction. However, many convicts will not be eligible
for any reduction, much less release. If a convict is subject to a
statutory minimum sentence, is a career offender or responsible for
very large quantities of crack cocaine, he would not be eligible for a
reduced sentence. Additionally, the courts must consider any public
safety concerns and may consider an individual's conduct in prison
before agreeing to a sentence reduction. Fortunately, it is not just a
matter of processing a bit of paperwork and unlocking the cells that
hold these criminals.

In Eastern North Carolina, the federal public defender is representing
all indigent convicts in these matters. Review procedures require the
defender, the U.S. attorney and the U.S. Probation Office to screen
each convict's petition to determine eligibility and to prioritize the
cases so that those closest to release are handled first. All
decisions made in this screening process are subject to review by the
court.

This system works well. Hundreds of petitions have been filed. The
court has conducted hearings where necessary; other cases have been
resolved based upon filed documents. We are working efficiently and
diligently to be fair to both the offenders and to the public that
will be affected by the defendant's continued incarceration or release.

Finally, I also assure the public that the U.S. attorney will not back
away from prosecuting crack cocaine dealers just because of sentencing
changes. Crack cocaine is a dangerous drug that destroys lives and
communities. Trafficking in five grams or more of crack is still
punishable with a minimum of five years in prison.

George B. Holding

U.S. Attorney

Eastern District of North Carolina

Raleigh