Pubdate: Thu, 17 Feb 2005 Source: Oklahoman, The (OK) Copyright: 2005 The Oklahoma Publishing Co. Contact: http://www.oklahoman.com/ Details: http://www.mapinc.org/media/318 Author: Michael Baker Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing) U.S. ATTORNEY SEEKS SENTENCING LEGISLATION One of Oklahoma's top federal prosecutors urged Wednesday a prompt legislative response to a U.S. Supreme Court decision upending two decades of federal sentencing guidelines. Jan. 12, the Supreme Court made guidelines that Congress approved in 1984 advisory instead of mandatory. Without further congressional action, the advisory guidelines will lead to differing punishments for the same crime and hinder investigations into "drug trafficking, gangs, corporate fraud and terrorism offenses," U.S. Attorney Robert G. McCampbell said in written testimony submitted to the U.S. Sentencing Commission and e-mailed to The Oklahoman. McCampbell, who is the head prosecutor for the U.S. Western District of Oklahoma, submitted written testimony and answered questions from the commission, made up of seven presidential appointees. The commission establishes federal sentencing practices and advises Congress. McCampbell also is chairman of the U.S. attorney general's advisory subcommittee on sentencing. Others offering testimony before the commission did not hold McCampbell's view on the need for prompt action. The American Bar Association recommended a one-year waiting period before taking legislative action. "The commission should not support or propose legislative solutions for problems that may not exist," said Jon Sands, chairman of the Federal Defender Sentencing Guidelines Committee, in testimony published on the commission's Web site. The Supreme Court found the mandatory system unconstitutional because it allowed federal judges to add time to a defendant's sentence for factors not pleaded to or found by a jury. About a week later, the Supreme Court ordered appeals courts to reconsider more than 400 sentences in light of the ruling. About 50 people convicted in Oklahoma City will be resentenced, McCampbell estimated. - --- MAP posted-by: Jay Bergstrom