Confusion surrounds new crack sentencing rules
Mukasey and some U.S. attorneys are not on the same page when it comes to the controversial guidelines.
WASHINGTON — In recent days, Atty. Gen. Michael B. Mukasey has voiced opposition to the early release of hundreds of federal inmates convicted of dealing crack cocaine, saying the move would unleash a potential crime wave in communities across the country. He reiterated his concern Thursday at a hearing before the House Judiciary Committee.
But some U.S. attorney offices around the country may not be getting the message.
In at least three cases, federal prosecutors have supported efforts to win inmates reduced sentences. Two of the cases are in the Portland, Ore., area, where one inmate is thought to have been released. A third defendant, jailed in Massachusetts, could be released this summer.
The disconnect between Justice Department policy and how new sentencing guidelines are being applied in some cases suggests the issue may be more complex than the attorney general has indicated.
Under rules approved in December, as many as 19,500 federal inmates may qualify for reduced sentences they received for dealing crack cocaine.
The move by the U.S. Sentencing Commission culminated a two-decade debate about the wisdom of punishing crack dealers more severely than those involved with powder cocaine. The debate was fueled by concerns that crack laws were unfairly affecting African Americans, who constitute 9 out of 10 crack defendants.
Mukasey has focused on the 1,600 inmates who officials estimate could be eligible for release when the rules go into effect March 3. He has called the idea especially ill-advised at a time when violent crime is rising in some U.S. cities.
"Many of these offenders are among the most serious and violent offenders in the federal system," Mukasey said Thursday. Their release, he said, would produce "tragic but predictable results." He has also expressed concern that many will not have received the job training or drug treatment they need to stay out of trouble.
Mukasey has called on Congress to intervene. Justice Department officials have indicated they would like to limit the reduced sentences to first-time, nonviolent offenders, or to those with little or no history of crime.
Peter A. Carr, a Justice Department spokesman, said Thursday that there should be no confusion about where the department stands. "The department's policy on retroactivity is laid out in the attorney general's statement before Congress," he said.
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