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Citing Crack Sentencing Reform, Bush AG Asks for More Anticrime Money
January 29, 2008

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News Summary

Raising the specter of convicted crack-cocaine offenders being released from prison due to sentencing reform, Bush administration Attorney General Michael Mukasey asked Congress to appropriate $200 million to help cities fight violent crime, the Washington Post reported Jan. 25.

In an address before the U.S. Conference of Mayors -- which last year unanimously adopted a resolution calling the War on Drugs a failure -- Mukasey cited the U.S. Sentencing Commission's decision to retroactively equalize penalties for crack and powdered cocaine in warning that "a sudden influx of criminals from federal prison into your communities could lead to a surge in new victims as a tragic, but predictable, result."

"We need to do all we can in education, job training, drug treatment, housing and other reentry preparation for all of these offenders who could be released," Mukasey said. "We need time to develop all of that and to roll it out -- time that blanket retroactivity might not allow us."

Prior to the commission's decision, penalties for crack offenses were 20 times higher than for offenses involving powdered cocaine.

Critics say that the administration is overstating the impact of sentencing reform, noting that most offenders must petition the courts to get their sentences reduced and seek release from prison.

"This is no 'get out of jail free' card," said Mary Price, vice president and general counsel of Families Against Mandatory Minimums. "Rather than whipping up fear about the pending release of 'violent gang members,' the attorney general should be reassuring the mayors that U.S.  attorneys will be rolling up their sleeves and doing their jobs ... and in cases where they think reductions are not appropriate, making those arguments to the court."

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