U.S. Judge Blasts DOJ Over Drug Sentence Disparities

IOWA CITY, Iowa — A federal judge in Iowa has sharply criticized the U.S. Department of Justice for creating massive drug sentencing disparities by failing to have a policy, until recently, advising prosecutors on when to double the prison time for repeat offenders.

In an Aug. 16 opinion drawing attention in legal circles, U.S. District Judge Mark Bennett described “a deeply disturbing, yet often replayed, shocking, dirty little secret of federal sentencing: the stunningly arbitrary application” of sentencing enhancements for repeat offenders.

Bennett issued the decision days after Attorney General Eric Holder announced guidelines telling prosecutors not to routinely seek the tougher penalties against low-level drug offenders. The change, which Bennett called welcome if long overdue, is part of a major shift in federal sentencing policies designed to imprison fewer nonviolent offenders.
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