September 17, 2013 VIA ELECTRONIC MAIL
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1 September 17, 2013 VIA ELECTRONIC MAIL The Honorable Richard J. Dick Durbin United States Senate 711 Hart Senate Office Building Washington, DC The Honorable Michael S. Mike Lee United States Senate 316 Hart Senate Office Building Washington, DC RE: The Smarter Sentencing Act Dear Senators Durbin and Lee: As former judges, prosecutors and law enforcement officials, we write to express our support for the reforms to federal sentencing contained in the Smarter Sentencing Act (S.1410). Your bill represents an important step in promoting public safety and addressing the consequences of federal mandatory minimum sentences on the explosive growth in incarceration costs and the fairness of sentences for nonviolent drug offenders. Law enforcement has made great progress in curbing violent crime. At the federal level, we need to address the parts of our sentencing policies that are not working. Over the past three decades, what we spend on federal incarceration has increased by more than 1100 percent. Despite this massive investment, federal prisons are nearly 40 percent over capacity, with the ratio of prisoners to prison guards rising. As a nation, we are expending enormous amounts of money and still failing to keep pace with the growing prison population, with drug offenders comprising nearly half of this population. In addition to being fiscally imprudent, maintaining the status quo in federal sentencing policy threatens public safety. Overcrowding threatens the safety of prison guards and inmates in federal prisons. Perhaps most important, spending on incarceration in this economy has started to jeopardize funding for some of our most important priorities, like crime prevention, law enforcement, and reducing recidivism. This includes possible reductions in the number of federal investigators and prosecutors. The Bureau of Prisons currently accounts for about 25 percent of the Department of Justice s budget and this is projected to increase. With more resources going to incarcerate nonviolent offenders, and fewer resources spent to investigate and prosecute violent crimes and support state and local law enforcement efforts, public safety will be at risk. Law enforcement will continue to maximize its resources to keep our communities safe. But Congress created our sentencing scheme and needs to act to help solve these problems. The Smarter Sentencing Act reflects these concerns and embodies measured, bipartisan reforms. Its modest expansion of the current safety valve, coupled with the reduction of some mandatory minimums for non-violent drug offenses while maintaining statutory maximums allows courts to make individualized assessments in nonviolent drug cases. This maintains consistency in sentencing for drug-related offenses, but allows for discretion to give less lengthy sentences, where appropriate. This approach is a step toward controlling the growth of incarceration costs, while maintaining public safety
2 2 and helping to ensure that prison sentences are appropriate for each offender. The bill does not repeal any mandatory minimums or affect the sentences for any violent offenses, but helps focus limited resources on the most serious offenders. The bill also promotes fairness and consistency by acknowledging the numerous federal prisoners who are serving sentences imposed prior to the Fair Sentencing Act of 2010 s reduction of the crack/powder cocaine sentencing disparity. The Smarter Sentencing Act would allow certain inmates sentenced under the old regime to petition courts and prosecutors for a review of their sentences and possible sentence reductions under current law. This not only addresses what is now widely recognized as an unjust disparity in sentences, but estimates also show that it could save more than $1 billion in incarceration costs. We appreciate your leadership in seeking bipartisan solutions to address the widely acknowledged problems with over-incarceration, to which mandatory minimum sentences have contributed. We are pleased to extend our help as you work with your colleagues in both the Senate and House to pursue reform in federal sentencing. Signatories as of September 17, 2013: Lee Altschuler Former Chief Assistant United States Attorney, Silicon Valley Division, Northern District of California; former Assistant United States Attorney, Northern District of California. The Honorable David H. Coar (Ret.) Former Judge, United States District Court, Northern District of Illinois. Vincent J. Connelly Richard S. Berne Former Assistant United States Attorney, Eastern District of New York; former Assistant United States Attorney, Northern District of California. Jim Brosnahan Former Assistant United States Attorney, District of Arizona; former Assistant United States Attorney, District of Northern California. A. Bates Butler III Former United States Attorney, District of Arizona; former First Assistant United States Attorney, District of Arizona.
3 3 Arthur L. Burnett, Sr. Former Magistrate Judge, United States District Court, District of Columbia; former Assistant United States Attorney, District of Columbia; former Trial Attorney, United States Department of Justice, Criminal Division. Robert J. Del Tufo Former United States Attorney, District of New Jersey; former New Jersey State Attorney General. Richard A. Devine Former State s Attorney, Cook County, IL. James P. Fieweger Mark A. Flessner Stephen G. Frye Former Assistant United States Attorney, District of Kentucky. Gabriel Fuentes John N. Gallo Cynthia Giacchetti Lawrence S. Goldman Former Assistant District Attorney, New York County, NY. Daniel F. Goldstein Former Assistant United States Attorney, District of Maryland. Donald H. Heller Former Assistant United States Attorney, Eastern District of California. Erlinda O. Johnson Former Assistant United States Attorney, District of New Mexico.
4 4 Miriam A. Krinsky Former Assistant United States Attorney, Central District of California. Scott R. Lassar Former United States Attorney, Northern District of Illinois. Laurie L. Levenson Former Assistant United States Attorney, Central District of California. Matthias A. Lydon John Martin Former United States District Judge, Southern District of New York; former United States Attorney, Southern District of New York. A. Melvin McDonald Former United States Attorney, District of Arizona. James D. Montgomery, Sr. Nan R. Nolan Former United States Magistrate Judge, Northern District of Illinois. Kirk Bowden Obear, Former Special Assistant United States Attorney, Southern District of Illinois; former Chief, Military Justice, United States Air Force. Kate Pflaumer Former United States Attorney, West District of Washington. Mark Osler Former Assistant United States Attorney, Eastern District of Michigan. A. John Pappalardo Former United States Attorney, District of Massachusetts; former Assistant United States Attorney, District of Massachusetts. Elliot R. Peters Former Assistant United States Attorney, Southern District of New York.
5 5 Ernest D. Preate, Jr. Former Attorney General of Pennsylvania; former District Attorney, Lackawanna County, PA. Dom J. Rizzi Former Judge, Appellate Court of Illinois, First District; former Judge, Circuit Court of Cook County. Mark L. Rotert Former Assistant United State Attorney, Northern District of Illinois. Stephen H. Sachs Former United States Attorney, District of Maryland; former Assistant United States Attorney, District of Maryland. Ronald S. Safer Stephen Saltzburg Former Ex-Officio Member, United States Sentencing Commission; former Deputy Assistant Attorney General, Criminal Division, United States Department of Justice; former Associate Counsel, Office of Independent Counsel for Iran/Contra. Donald E. Santarelli Former Administrator, Law Enforcement Assistance Administration, United States Department of Justice; former Associate Deputy Attorney General, United States Department of Justice. John Schmidt Former Associate Attorney, United States Department of Justice William S. Sessions Former Director, Federal Bureau of Investigation; former Judge, United States District Court, Western District of Texas, Chief Judge ( ); former United States Attorney, Western District of Texas. Alan Silber Former Assistant Prosecutor, Essex County, NJ; Chief Economic Crimes Unit ( ). Charles B. Sklarsky Former Assistant United States Attorney, Northern District of Illinois; former Assistant State s Attorney, Cook County, Illinois.
6 6 Juliet S. Sorensen Neal R. Sonnett Former Assistant United States Attorney, Chief of Criminal Division, Southern District of Florida. David J. Stetler Stanley A. Twardy, Jr. Former United States Attorney, District of Connecticut. Keith Uhl Former United States Special Prosecutor, Iowa. M. David Weisman Warren D. Wolfson Former Judge, Illinois Appellate Court, 1st District; former Circuit Court of Cook County. Sheldon T. Zenner David M. Zlotnick Former Assistant United States Attorney, District of Columbia. Sheldon T. Zenner
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