Pubdate: Tue, 11 Dec 2007
Source: St. Louis Post-Dispatch (MO)
Copyright: 2007 St. Louis Post-Dispatch
Contact:  http://www.stltoday.com/
Details: http://www.mapinc.org/media/418
Author: Robert Patrick
Bookmark: http://www.mapinc.org/find?244 (Sentencing - United States)
Bookmark: http://www.mapinc.org/topic/Sentencing+Commission
Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing)
Bookmark: http://www.mapinc.org/coke.htm (Cocaine)

820 HERE COULD ASK FOR TERMS TO BE CUT

A U.S. Sentencing Commission vote Tuesday will allow  19,500 primarily
black federal inmates -- including 820  in the St. Louis region -- to
seek a reduction in their  prison terms for crack cocaine offenses.

Earlier this year, the commission reduced the range of  sentences that
federal crack defendants will face in  the future, after years of
complaints that punishment  for powdered cocaine offenses was lighter.

In a unanimous vote, commission members made the relief
retroactive.

The issue has strong racial overtones because crack  defendants are
predominantly black, and powdered  cocaine defendants predominantly
white.

Attorney General Michael Mukasey, a former federal judge, said at a
news  conference Tuesday, "Our position is clear. We oppose  it." The
Justice Department said retroactivity  discounts the factors judges
considered in making the  original sentences and threatens to swamp
the courts  and probation system.

Scott Rosenblum, a prominent criminal defense lawyer  here, said the
change makes justice fairer and was long  overdue.

In October, the commission estimated that about 450 of  the affected
inmates had been sentenced in the Eastern  District of Missouri, based
in St. Louis. It was 10th  highest among the federal court districts.
There are  about 370 in the Southern District of Illinois, based  in
East St. Louis. It ranked 14th.

Nationally, about 86 percent of the affected inmates  are black, 8
percent Hispanic and 6 percent white.  Under the new sentencing
guidelines, they on average  face 27 fewer months in prison.

The commission stressed that judges will make the final  determination
in each case. The retroactivity does not  begin until March 3, to
provide time to work out  logistics.

In the courthouses, there were a lot of questions.

"We're kind of at a standstill," said Phyllis Nelson,  chief probation
officer in Southern Illinois. She said  her staff awaits instructions
from Washington and the  courts.

Rosenblum said he did not know what procedure would be  used. Adam
Fein, a colleague in his firm, said that a  probation officer in St.
Louis said that lawyers may  not even need to be involved.

Not all inmates will qualify, depending on the facts of  their cases.
For some, more than one drug was involved.  For others, the reduction
would not make a difference.  Some were sentenced to life in prison.
Officials said  three are ailing and expected to die before the new
policy takes hold.

In an example Rosenblum provided, a first-time offender  caught with
20 grams of crack -- whose case involved no  gun or other aggravating
factor -- could have faced  78-97 months in prison before the change.
After, it's  63 to 78 months.

Rosenblum said the change will not affect the mandatory  minimums for
crack offenses -- five or 10 years  depending on the amount of the
drug.

And it will still take 500 grams of powdered cocaine to  earn a
defendant a mandatory five years, compared to  just five grams of
crack. That disparity would be  reduced or eliminated in some bills in
Congress.

The commission's decision comes a day after the Supreme  Court
reinforced its view that federal sentencing  guidelines -- including
those for crack cases -- are  advisory rather than mandatory, and that
judges may  deviate from them as long as their decisions are  reasonable.

The commission was formed more than 20 years ago to try  to make
sentences more consistent among judges and  court districts.

The changes do not affect state court sentences, which  are set at the
state level. Local police and  prosecutors often prefer to hand off
large-scale drug  cases to federal courts because they generally offer
  longer sentences.

There was substantial pressure on the issue. "Almost  all of more than
33,000 letters and written comments  favored the change," a commission
statement announcing  the vote said.

Court officials have been planning for the possibility  for
months.

Doug Burris, chief federal probation officer in St.  Louis, is among
10 members of a national advisory group  for his peers. He said the
first attention will go to  inmates who might be eligible for
immediate release.

Officials are even looking into whether the  resentencings could be
conducted via video conference  so U.S. marshals aren't faced with
hundreds of trips  between federal prisons and courts.

Burris said the Eastern District of Virginia, which  leads the nation
in eligible inmates, could have more  than 1,000 resentencings.
"They're going to be almost  killed with it," he said.

Other federal court districts will send workers to help
out.

His office does not expect to need extra help, but  Burris added,
"I've got to tell you, there will be a  lot of extra hours -- a lot of
nights and weekends."
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MAP posted-by: Richard Lake