October 30, 2007 3:57 PM
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Conference on Prosecution and Judicial Proceedings
Last Friday, ACS and the American University Washington College of Law held a conference entitled "The American Prosecutor: Power, Discretion and Accountability." The agenda is available here.
C-Span covered the event, and a two-hour video excerpt from the conference is available here.
The U.S. Sentencing Commission voted unanimously yesterday to give federal inmates incarcerated for crack cocaine offenses a chance to reduce their sentences, paving the way for about 3,800 prisoners to petition for an early release in the next year.
According to an analysis by the commission, 19,500 inmates will be eligible to petition the courts to reduce their sentences. The largest number of those -- more than 1,400 -- were convicted in the U.S. District Court for the Eastern District of Virginia, covering Northern Virginia and the Richmond and Tidewater areas. About 280 inmates convicted in federal courts in Maryland will be eligible, as well as almost 270 prisoners convicted and sentenced in the District.
"Crack cocaine sentences have generally been excessive and unwarranted," said William K. Sessions III, a vice chair of the commission. He went on to quote Judge Reggie B. Walton, who appeared before the commission last month: "I just don't see how it's fair that someone sentenced on October 30th gets a certain sentence when someone sentenced on November 1st gets another."
The commission's vote came a day after the Supreme Court decided that federal district judges are not bound by commission guidelines that created a large disparity in punishments meted out to crack and powder cocaine offenders. The 7 to 2 decision cut across the court's typical ideological divide.
The commission's decisions are its attempts to narrow that gap. That disparity, first written into federal law by Congress in 1986, has long been criticized by some jurists and civil rights advocates because it meant crack cocaine offenders, who tend to be African American, often get longer prison sentences than those convicted of crimes involving powder cocaine, who more often are white.
In March, crack cocaine offenders will be eligible to petition the courts that originally sentenced them to have their prison time reduced. Many could be denied by judges based on certain factors, such as whether they represent a public danger or were convicted for other crimes.
But the change is not a "get out of jail free" card, said commissioner Michael E. Horowitz. "Not everybody is automatically entitled to this reduction," he said, explaining that federal judges, many of whom supported making the guidelines retroactive, will decide cases individually on merit.
What does this all mean? It means that if you or your loved ones were convicted in federal court of crack cocaine offenses, the time is NOW to petition for a reduction in your sentence. There are almost 20,000 people who are eligible for this type of reduction. Do not rot in prison when you do not have to. Act now!
On March 3, 2008, the first inmates will be eligible to begin applying for reductions. The average reduction is expected to be around 27 months. Over 3000 people are eligible to be released in 2008 alone.
Judges will decide the cases individually. For that reason, it is important to start gathering materials that will be helpful to the attorney who petitions the court for the reduction.
Call now for help: 505-766-9000
Chip Venie is a private criminal defense attorney in Albuquerque, New Mexico. He is admitted to practice before state and federal courts in New Mexico, California, Washington, D.C., and Michigan. Mr. Venie graduated from The University of Virginia School of Law and clerked as a staff Attorney to the United States Court of Appeals for the Fourth Circuit in Richmond, Virginia. He has been in private practice with his own firm for six years. Mr. Venie has litigated over 700 trial level felony matters and over 150 appeals. Mr. Venie can be reached at (505) 766-9000 or (619) 235-8300, or chipesq@hotmail.com.
Mr. Venie's website can be found at http://www.anothernotguilty.com
The U.S. Sentencing Commission voted unanimously yesterday to give federal inmates incarcerated for crack cocaine offenses a chance to reduce their sentences, paving the way for about 3,800 prisoners to petition for an early release in the next year.
According to an analysis by the commission, 19,500 inmates will be eligible to petition the courts to reduce their sentences. The largest number of those -- more than 1,400 -- were convicted in the U.S. District Court for the Eastern District of Virginia, covering Northern Virginia and the Richmond and Tidewater areas. About 280 inmates convicted in federal courts in Maryland will be eligible, as well as almost 270 prisoners convicted and sentenced in the District.
"Crack cocaine sentences have generally been excessive and unwarranted," said William K. Sessions III, a vice chair of the commission. He went on to quote Judge Reggie B. Walton, who appeared before the commission last month: "I just don't see how it's fair that someone sentenced on October 30th gets a certain sentence when someone sentenced on November 1st gets another."
The commission's vote came a day after the Supreme Court decided that federal district judges are not bound by commission guidelines that created a large disparity in punishments meted out to crack and powder cocaine offenders. The 7 to 2 decision cut across the court's typical ideological divide.
The commission's decisions are its attempts to narrow that gap. That disparity, first written into federal law by Congress in 1986, has long been criticized by some jurists and civil rights advocates because it meant crack cocaine offenders, who tend to be African American, often get longer prison sentences than those convicted of crimes involving powder cocaine, who more often are white.
In March, crack cocaine offenders will be eligible to petition the courts that originally sentenced them to have their prison time reduced. Many could be denied by judges based on certain factors, such as whether they represent a public danger or were convicted for other crimes.
But the change is not a "get out of jail free" card, said commissioner Michael E. Horowitz. "Not everybody is automatically entitled to this reduction," he said, explaining that federal judges, many of whom supported making the guidelines retroactive, will decide cases individually on merit.
What does this all mean? It means that if you or your loved ones were convicted in federal court of crack cocaine offenses, the time is NOW to petition for a reduction in your sentence. There are almost 20,000 people who are eligible for this type of reduction. Do not rot in prison when you do not have to. Act now!
On March 3, 2008, the first inmates will be eligible to begin applying for reductions. The average reduction is expected to be around 27 months. Over 3000 people are eligible to be released in 2008 alone.
Judges will decide the cases individually. For that reason, it is important to start gathering materials that will be helpful to the attorney who petitions the court for the reduction.
Call now for help: 505-766-9000
Chip Venie is a private criminal defense attorney in Albuquerque, New Mexico. He is admitted to practice before state and federal courts in New Mexico, California, Washington, D.C., and Michigan. Mr. Venie graduated from The University of Virginia School of Law and clerked as a staff Attorney to the United States Court of Appeals for the Fourth Circuit in Richmond, Virginia. He has been in private practice with his own firm for six years. Mr. Venie has litigated over 700 trial level felony matters and over 150 appeals. Mr. Venie can be reached at (505) 766-9000 or (619) 235-8300, or chipesq@hotmail.com.
Mr. Venie's website can be found at http://www.anothernotguilty.com