http://www.washingtonpost.com/wp-dyn/articles/A25892-2003Aug6.htmlAshcroft Orders Tally Of Lighter Sentences
Critics Say He Wants 'Blacklist' of Judges
By Edward Walsh and Dan Eggen
Washington Post Staff Writers
Thursday, August 7, 2003; Page A01
Attorney General John D. Ashcroft has ordered U.S. attorneys across the country to become much more aggressive in reporting to the Justice Department cases in which federal judges impose lighter sentences than called for in sentencing guidelines.
The directive, contained in a July 28 memo from Ashcroft, is the latest salvo in an escalating battle over how much discretion federal judges should have in handing down sentences in criminal cases. The more extensive reporting will lay the groundwork for the Justice Department to appeal many more of those sentencing decisions than it has.
The Ashcroft memo amended a section of the United States Attorneys' Manual that previously said federal prosecutors had to report to the department only those sentences that prosecutors had objected to and wanted to appeal. In the new directive, U.S. attorneys were told to report all "downward departure" sentencing decisions that meet certain criteria in nine categories.
The effect of the change will be to shift most decisions on whether to appeal a sentence that is less than called for in sentencing guidelines from prosecutors in the field to Justice Department lawyers here.
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