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Notable new letter to AG Eric Holder concerning application of the FSA

By Douglas A. Berman

This morning I received a copy of a letter that the Leadership Conference on Civil and Human Rights sent to Attorney General Eric Holder urging him to issue guidance instructing all federal prosecutors to apply the modified mandatory minimums in the new Fair Sentencing Act of 2010 to all defendants who have not yet been sentenced, including those whose conduct predates the legislation?s enactment. The letter can be downloaded below, and here is an excerpt: The passage of the FSA was a watershed moment in the move toward fairness in criminal sentencing and in the effort to correct a long standing wrong. Your leadership and support for the FSA were not only crucial to its passage, but also conveyed the need for immediate action. As you noted last year when testifying before the Senate, ?the stakes are simply too high to let reform in this area wait any longer...continue to full post

Full post as published by Sentencing Law and Policy on January 20, 2011 (boomark / email).