Pubdate: Sat, 26 Jul 2008
Source: News & Advance, The (Lynchburg, VA)
Copyright: 2008 Media General
Contact:  http://www.newsadvance.com/
Details: http://www.mapinc.org/media/2087
Author: Chris Dumond
Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing)

FEDS GIVE INCREASED POWER TO TWO LYNCHBURG COMMONWEALTH'S ATTORNEYS

Local criminals could find a bigger hammer dropping on their heads
now that two city commonwealth's attorneys  also are special assistant
U.S. attorneys.

Deputy Commonwealth's Attorneys Chuck Felmlee and Jeff Bennett were
appointed special assistant U.S. attorneys  in June. That gives them
access to federal  investigative resources and to enhanced penalties, 
particularly in cases where drug dealers are caught with guns.

Acting U.S. Attorney Julia C. Dudley, the lead federal prosecutor for
the western half of Virginia, said her  Roanoke-headquartered staff
has limited abilities to reach some areas of the district.

"This allows us to prosecute those cases we may not be able to get to
because of the shortages in our resources," Dudley said.

Lynchburg is home to one of three federal courthouses in the western
half of the commonwealth without a dedicated office for the U.S.
Attorney. Others are in  Big Stone Gap and Danville.

"It's my understanding they have a heavy caseload now,"  Felmlee said.
"They wanted to get Jeff and I on board  to handle some of that in
this area."

Dudley said special prosecutors tend to handle so-called
"drug-and-gun" cases where drug-dealing  penalties are enhanced by
mandatory minimum gun-crime sentencing guidelines.

In addition, she said, conspiracies are easier to  prosecute and
federal grand juries have powers to request documents and witnesses
"you simply can't get  in a state investigation."

Felmlee described the new authority in practical terms.

"If (the Lynchburg Police Department) makes a substantial drug arrest
and the guy has a terrible record, we look at what the federal
sentencing  guidelines call for versus what the state guidelines  call
for," he said. "We can call up Roanoke and see if  they would allow us
to indict federally and see if we  can't take out the bad apples."

Bennett said cooperation with the U.S. Attorney's  office in Roanoke
isn't new. Fictional conflicts  between local law enforcement and "the
feds" isn't  reality for prosecutors in Lynchburg, he said.

"I'm usually happy if they want to take a case," he  said. "If they
take a case that originated in our  office, those guys traditionally
get pretty good  results.

"Ultimately, we're all working toward the same goal of getting these
guys off the streets."

Felmlee said defendants' eyes "get really big" when they hear their
cases could get bumped up to U.S. District Court.

Dudley said the program was started 15 or 20 years ago. Lynchburg
Commonwealth's Attorney Mike Doucette has  been appointed since 1995.
Bedford Deputy  Commonwealth's Attorney Wes Nance has been appointed 
for the last four years.
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