437 Russell Senate Office Building 124 Russell Senate Office Building. Washington, DC Washington, DC 20510
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1 July 17, 2013 The Honorable Patrick Leahy The Honorable Rand Paul 437 Russell Senate Office Building 124 Russell Senate Office Building United States Senate United States Senate Washington, DC Washington, DC Dear Senators Leahy and Paul: We, the undersigned, are current and former federal judges, prosecutors, law enforcement officers, and others, all with substantial professional experience within the criminal justice system and personal dedication to its efficient operation. We are writing to express support for S. 619, the Justice Safety Valve Act of 2013, your bipartisan legislation to limit the negative effects of federal mandatory minimum sentencing laws by providing for greater judicial discretion. Our nation s violent crime rate has dropped to its lowest level in a generation. We believe that this outstanding achievement is the result of many factors and policies, including smarter policing strategies and a greater reliance on severe punishment for violent offenders. At the same time, we agree with Attorney General Eric Holder s recent statement that, Too many people go to too many prisons for far too long for no good law enforcement reason. Mandatory minimum sentencing laws are chiefly responsible for this wasteful use of prison space because they fail to distinguish between violent, serious criminals and lowlevel, nonviolent offenders. As Congress looks for ways to improve upon recent gains in public safety, we believe that the reforms in S. 619 would prove very valuable. The bill would authorize federal courts to impose a prison sentence below the mandatory minimum in cases where the minimum is not necessary to protect the public, the defendant is not likely to re-offend, and in other situations where the minimum is unwarranted. Under your legislation, dangerous criminals will continue to receive lengthy prison sentences. For lower-level offenders facing a mandatory minimum sentence, however, courts will be given the power to impose a shorter sentence. For example, a nonviolent drug seller facing a 10-year mandatory minimum might instead receive a sentence of seven or eight years if a court determines, after considering all the relevant facts, that the 10-year sentence is inappropriate and would punish the street seller more harshly than his more culpable co-defendants. In drug cases, for example, a court might determine that a shorter prison term combined with mandatory drug treatment would be more likely to prevent an individual from reoffending. Some of us believe that mandatory minimum sentencing laws can serve an important purpose by helping prosecutors convince defendants to plead guilty. Securing pleas from clearly guilty defendants saves the government time and money that could be better spent on prosecuting more criminals. By not repealing mandatory minimums completely, S. 619 leaves this leverage intact for prosecutors. A defendant who chooses to take his chances at
2 2 trial is far from guaranteed a below-minimum sentence should he lose. Thus, the defendant s incentive to strike a deal will remain if your bill is enacted. We also support your bill because we believe that the money wasted on keeping nonviolent and nonthreatening offenders locked behind bars for years longer than necessary could be better spent on anti-crime programs that actually will enhance public safety. This is especially true in the current budget climate. We think public safety will be improved if limited government resources are targeted on prosecuting and incarcerating violent and repeat criminals. We appreciate your effort to improve our nation s criminal justice system with your modest but important reform of federal sentencing law. Please do not hesitate to call on any of us if we can be of assistance as Congress considers your legislation. Sincerely, Signatories as of July 17, 2013: Elizabeth Ainslie Assistant United States Attorney, Eastern District of Pennsylvania ( ). Lee Altschuler Chief Assistant United States Attorney, Silicon Valley Division, Northern District of California ( ); Assistant United States Attorney, Northern District of California ( ). Shirley Baccus-Lobel Assistant United States Attorney, Northern District of Texas ( ); Trial Attorney, United States Department of Justice ( ). Lourdes G. Baird Judge, United States District Court for the Central District of California ( ); United States Attorney, Central District of California ( ); Assistant United States Attorney, Central District of California ( ). William G. Bassler Judge, United States District Court, District of New Jersey ( ). Rebecca A. Betts United States Attorney, Southern District of West Virginia ( ); Assistant United States Attorney, Southern District of West Virginia ( ).
3 3 Frank O. Bowman III Assistant United States Attorney, Southern District of Florida ( ); Special Counsel to the United States Sentencing Commission ( ); Trial Attorney, United States Department of Justice, Criminal Division ( ). James S. Brady United States Attorney, Western District of Michigan, ( ). Michael R. Bromwich Inspector General, United States Department of Justice ( ); Associate Counsel, Office of Independent Counsel for Iran/Contra ( ); Assistant United States Attorney, Southern District of New York ( ). Arthur L. Burnett, Sr. Magistrate Judge, United States District Court, District of Columbia ( and ); Assistant United States Attorney, District of Columbia ( ); Trial Attorney, United States Department of Justice, Criminal Division ( ). A. Bates Butler III United States Attorney, District of Arizona ( ); First Assistant United States Attorney, District of Arizona ( ). Barry Coburn Assistant United States Attorney, District of Columbia ( ). W. J. Michael Cody United States Attorney, Western District of Tennessee ( ). Robert J. Del Tufo United States Attorney, District of New Jersey ( ). W. Thomas Dillard United States Attorney, Northern District of Florida ( ); Assistant United States Attorney, Eastern District of Tennessee ( and ); Magistrate Judge, United States District Court, Eastern District of Tennessee ( ). Edward L. Dowd United States Attorney, Eastern District of Missouri ( ); Assistant United States Attorney ( ). Bruce J. Einhorn United States Immigration Court Judge ( ); Special Prosecutor and Chief of Litigation, United States Department of Justice, Office of Special Investigations ( ).
4 4 Kobie Flowers Trial Attorney, United States Department of Justice, Criminal Section ( ). Nancy Gertner Judge, United States District Court, District of Massachusetts ( ). John J. Gibbons Chief Judge, United States Circuit Court of Appeals for the Third Circuit ( ). Jonathan L. Goldstein United States Attorney, District of New Jersey ( ); Assistant United States Attorney, District of New Jersey ( ). Daniel F. Goldstein Assistant United States Attorney, District of Maryland ( ). Steven Gordon Assistant United States Attorney, District of Columbia ( ). Marcos D. Jimenez United States Attorney, Southern District of Florida ( ); Assistant United States Attorney, Southern District of Florida ( ). Jo Ann Harris Assistant Attorney General, United States Department of Justice, Criminal Division ( ); Member, United States Sentencing Commission, Ex Officio ( ); Executive Assistant United States Attorney ( ), Senior Assistant United States Attorney, Southern District of New York ( ); Chief, Fraud Section, Criminal Division, United States Department of Justice ( ); Deputy Chief, Criminal Division, Southern District of New York ( ); Assistant United States Attorney, Southern District of New York ( ). Bruce R. Heurlin Assistant United States Attorney, District of Arizona ( ); Trial Attorney, United States Department of Justice, Criminal Division, ( ). Erlinda O. Johnson Assistant United States Attorney, District of New Mexico ( ). Nathaniel R. Jones Judge, United States Court of Appeals for the Sixth Circuit ( ); Assistant United States Attorney, Northern District of Ohio ( ). Scott R. Lassar United States Attorney, Northern District of Illinois ( ).
5 5 Laurie L. Levenson Assistant United States Attorney, Central District of California ( ). Kenneth J. Mighell United States Attorney, Northern District of Texas ( ); Assistant United States Attorney, Northern District of Texas ( ). Jane W. Moscowitz Assistant United States Attorney, Southern District of Florida ( ); Assistant United States Attorney, District of Maryland ( ). Jerome F. O Neill United States Attorney, District of Vermont ( ). Stephen M. Orlofsky Judge, United States District Court, District of New Jersey ( ); Magistrate Judge, United States District Court, District of New Jersey ( ). Mark Osler Assistant United States Attorney, Eastern District of Michigan ( ). A. John Pappalardo United States Attorney, District of Massachusetts ( ); Assistant United States Attorney, District of Massachusetts ( ). H. James Pickerstein Chief Assistant United States Attorney, District of Connecticut ( ); United States Attorney, District of Connecticut (1974); Acting United States Attorney, District of Connecticut ( ); Trial Attorney, United States Department of Justice ( ). Redding Pitt United States Attorney, Middle District of Alabama ( ). Richard J. Pocker United States Attorney, District of Nevada ( ); Assistant United States Attorney, District of Nevada ( ); Captain, United States Army Judge Advocate General's Corps ( ). Sidney Powell Assistant United States Attorney, Western District of Texas, Northern District of Texas and Eastern District of Virginia ( ). James H. Reynolds United States Attorney, Northern District of Iowa ( ).
6 6 Stephen H. Sachs United States Attorney, District of Maryland ( ); Assistant United States Attorney, District of Maryland ( ). William S. Sessions Director, Federal Bureau of Investigation ( ); Judge, United States District Court, Western District of Texas ( ), Chief Judge ( ); United States Attorney, Western District of Texas ( ). Neal R. Sonnett Assistant United States Attorney, Chief of Criminal Division, Southern District of Florida ( ). David J. Stetler Assistant United States Attorney, Northern District of Illinois ( ). Robert W. Tarun Executive Assistant United States Attorney, Northern District of Illinois ( ); Assistant United States Attorney, Northern District of Illinois ( ). Paul R. Thomson, Jr. United States Attorney, Western District of Virginia ( ); Assistant United States Attorney, Western District of Virginia ( ). Joshua Treem Assistant United States Attorney, District of Maryland ( ). Scott Turow Assistant United States Attorney, Northern District of Illinois ( ). Atlee W. Wampler III United States Attorney, Southern District of Florida ( ); Miami Strike Force, Attorney-In-Charge, Organized Crime & Racketeering Section, United States Department of Justice ( ). Morris Sandy Weinberg, Jr. Assistant United States Attorney, Southern District of New York ( ). James J. West United States Attorney, Middle District of Pennsylvania ( ). William D. Wilmoth United States Attorney, Northern District of West Virginia ( ); Assistant United States Attorney, Northern District of West Virginia ( ).
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