MEMORANDUM FOR ALL FEDERAL PROSECUTORS

MEMORANDUM FOR ALL FEDERAL PROSECUTORS

MEMORANDUM FOR ALL FEDERAL PROSECUTORS

FROM: THE ATTORNEY GENERAL~

SUBJECT: Department Charging and Sentencing Policy

May 10, 2017

This memorandum establishes charging and sentencing policy for the Department of Justice. Our responsibility is to fulfill our role in a way that accords with the law, advances public safety, and promotes respect for our legal system. It is of the utmost importance to enforce the law fairly and consistently. Charging and sentencing recommendations are crucial responsibilities for any federal prosecutor. The directives I am setting forth below are simple but important. They place great confidence in our prosecutors and supervisors to apply them in a thoughtful and disciplined manner, with the goal of achieving just and consistent results in federal cases.

 

First, it is a core principle that prosecutors should charge and pursue the most serious, readily provable offense. This policy affirms our responsibility to enforce the law, is moral and just, and produces consistency. This policy fully utilizes the tools Congress has given us. By definition, the most serious offenses are those that carry the most substantial guidelines sentence, including mandatory minimum sentences.

 

There will be circumstances in which good judgment would lead a prosecutor to conclude that a strict application of the above charging policy is not warranted. In that case, prosecutors should carefully consider whether an exception may be justified. Consistent with longstanding Department of Justice policy, any decision to vary from the policy must be approved by a United States Attorney or Assistant Attorney General, or a supervisor designated by the United States Attorney or Assistant Attorney General, and the reasons must be documented in the file .

 

Second, prosecutors must disclose to the sentencing court all facts that impact the sentencing guidelines or mandatory minimum sentences, and should in all cases seek a reasonable sentence under the factors in 18 U.S.C. § 3553. In most cases, recommending a sentence within the advisory guideline range will be appropriate. Recommendations for sentencing departures or variances require supervisory approval, and the reasoning must be documented in the file .

 

Any inconsistent previous policy of the Department of Justice relating to these matters is rescinded, effective today.

 

Each United States Attorney and Assistant Attorney General is responsible for ensuring that this policy is followed, and that any deviations from the core principle are justified by unusual facts.

I have directed the Deputy Attorney General to oversee implementation of this policy and to issue any clarification and guidance he deems appropriate for its just and consistent application.

Working with integrity and professionalism, attorneys who implement this policy will meet the high standards required of the Department of Justice for charging and sentencing.

 

Attorney General Release Document Link

Michael Komorn 2016 CDAM Award Recipient

Michael Komorn 2016 CDAM Award Recipient

One of the state’s most active medical marijuana specialist attorneys has been honored by the Criminal Defense Attorneys of Michigan (CDAM) with their “Justice For All” Award.

 

Fox 17 MSP Crime Lab Falsifying Reports_KomornLaw 01

 

Of the thousands of criminal defense attorneys in Michigan, Komorn’s record of going after the big guy- and winning- propelled him into the top spot.

 

The award is described by CDAM below:

 

“The Justice for All award is given to recognize a particular extraordinary contribution of a group of individuals. This contribution can be in the form of legal representation or other extraordinary service.”

 

Komorn won a dismissal of charges in the Max Lorincz case, which involved a prosecution and removal of a child based on a tiny smear of alleged marijuana concentrate found by law enforcement.

 

Max_Lorincz_KomornLaw

 

 

This case, and Komorn Law’s digging into the back story, revealed the scientifically invalid and politically motivated changes in reporting marijuana concentrates as ‘origin unknown’ by the Michigan State Police Crime Lab.

 

The Lorincz case underscores what Komorn has been fighting for all along: an unyielding pursuit of the truth and exoneration for patients caught in a system designed to capture them.

 

Although the Lorincz case is the most recent and notable victory for Komorn Law, his other accomplishments stand out as well. Praise for Komorn’s career has been easy to obtain.

 

Some of Komorn Law’s highlights from 2015 include:

 

Having the entire Lapeer County Prosecutor’s office tossed off a medical marijuana case for being biased.

 

Challenging the Michigan State Police Crime Lab as they pervert scientific method to satisfy the political needs of prosecutors

 

Becoming involved as a Commission Member on the new Marijuana Law Section of the State Bar Association of Michigan

 

As well as many successful defenses of patients and caregivers registered with the Michigan Medical Marihuana Act (MMMA) in courts across Michigan.

 

ginnifer-hency_komorn_law_3

 

Komorn is joined in his legal efforts by his longtime friend and aide, Chad Carr, who shares in the successes recognized by the Award Committee.

 

Komorn  is also the Executive Director of the Michigan Medical Marijuana Association and the host of a weekly radio talk show dedicated to MMMA patients and the attorneys that represent them. The Planet Green Trees Radio Show has received notoriety nationally; interviews with legislators, scientists and attorneys for the past five years have offered revelations and brought clarity to what can be a very confusing medical marijuana program.

 

In the case of Max Lorincz, Michael was so moved by the unjust treatment of a man and his family, that he took the case pro-bono.

 

See the articles in the media

 

The Criminal Defense Attorneys have already posted the award notice and the dinner details. CDAM offers this description of their organization on the group’s website :

 

“Michael Komorn’s zealous advocacy and activism in the field of marijuana law has been impressive and has inspired many lawyers, including myself, to do the same through his accomplished example,” said Barton Morris, also a CDAM member.

 

“Michael is a pioneer and champion in marijuana law in Michigan.”