JUDGE SAYS SENTENCES ARE PROPER

SPRINGFIELD - A federal prosecutor yesterday told U.S. District Court
Judge Michael A. Ponsor that he and other members of the federal law
enforcement community are frustrated with the number of times in the
last year Ponsor has given sentences below federal sentencing
guidelines. Assistant U.S. Attorney Todd E. Newhouse told Ponsor he
was making his comments with respect, but frustration, as he asked
Ponsor to sentence Lee Henry, 38, of Springfield to 30 years to life
for selling heroin and cocaine. Ponsor ultimately sentenced Henry to
12 years for those crimes, committed in 2003, and an additional four
years for two other crimes. Newhouse said that since a U.S. Supreme
Court decision last year allowed judges more flexibility in
sentencing in some cases, "downward departures and deviations in this
courtroom have become the norm." He said that there is a reason to
keep sentences relatively consistent for the same crimes and not
deviate from sentencing guidelines.

Ponsor said he did not keep a "scorecard" of his sentencing decisions
but disputed Newhouse's representation of his sentencing practices.
Ponsor said he understood that lawyers might get frustrated with his
sentences, but said, "I hit people hard. I hit people really hard."
He said a 10-year sentence is a life-altering sentence. Ponsor said
before flexibility was allowed, "we got so used to throwing around
30- or 40-year sentences" that a 10-year sentence may sound low to
some people. He said he hoped that although prosecutors may be
frustrated, they "will accept my thanks for the hard work they do."

"I'm doing the best I can up here," Ponsor said, saying he has to
balance many factors in sentencing.

Henry had been found guilty after a trial of two counts of cocaine
distribution and one count of possession with intent to distribute
heroin. Despite defense lawyer Linda J. Thompson's arguments, Ponsor
determined that Henry's previous two drug convictions in Connecticut
put him in the career offender category, which led to the guideline
range of 30 years to life. But he decided to depart from the
guideline range, using reasons he said existed before the U.S.
Supreme Court decision, including the defense contention that Henry
had diminished capacity from a serious childhood trauma. Henry had
pleaded guilty to the other two offenses, contempt of court and
distribution of heroin. Newhouse said that within 48 hours of being
released on bond after arraignment on the drug charges in the 2003
cases, Henry was found with 60 bags of heroin in his car.

Henry told Ponsor he had to return the heroin to the person who
fronted it to him, because in the drug world you either have to give
back the drugs or sell them and give the person money.

Ponsor told Henry that it puts the court in a terrible position when
someone violates the conditions of release.

Newhouse said of Henry's explanation, "That's laughable, judge." He
said Henry's action "screams for a lengthy sentence."

"The law enforcement community in general has to look very closely at
what you do in the next 10 minutes," Newhouse said, in arguing for
lengthy additions in prison time for the two other offenses. "The
whole city is watching. Is he going to get three for one?" Newhouse
said, saying sentences should not be concurrent with the 12-year sentence.

He said law enforcement personnel can't spend time and resources with
cases such as Henry's contempt case if defendants are not sentenced
harshly. He asked for 10 added years.

Ponsor then gave Henry a 14-year sentence on the heroin distribution,
concurrent with the 12-year sentence, which adds two years to the
12-year sentence. He then added two additional years on the
contempt. "It's a terribly heavy sentence," Ponsor said.