Holder Memo Calls for Flexibility in Charging, Sentencing

New guidance replaces previous memos from then-Attorney General John Ashcroft and then-Deputy Attorney General James Comey

, The National Law Journal


Attorney General Eric Holder Jr. this month issued new guidance to federal prosecutors in a memo that was submitted to the U.S. Sentencing Commission for a Thursday hearing. The May 19 guidance comes amid the Justice Department's ongoing policy review focusing on disparities in sentencing and excesses in mandatory-minimum sentencing. A U.S. Attorney who spoke at Thursday's hearing said the DOJ supports a "limited and judicious use" of mandatory sentencing. Most mandatory minimums are applied in drug and firearms cases.

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