It's different in federal court

Sentences are longer. Rules are tougher. Convictions are commonplace.

December 16, 2009|By Emilie Lounsberry, Inquirer Staff Writer
  • "If you come into federal court, you will face up to life in prison," says Assistant U.S. Attorney Robert K. Reed (right). With him are federal prosecutors (from left) Mark S. Miller, Eric B. Henson, Frank Barbieri, Joseph A. LaBar, and Arlene D. Fisk. About 200 Philadelphia gun and robbery cases a year are tried in federal court, with higher conviction rates and tough sentencing laws, under the Justice Department initiative Project Safe Neighborhoods.

While accused robbers in the Philadelphia court system enjoy great odds of beating their cases, the rules are different at Sixth and Market Streets.

The lawyers know it. The police know it. And defendants soon figure it out once they hear two very potent words: federal court.

Since 2001, federal prosecutors have targeted about 2,000 defendants in the city court system and initiated firearms and robbery charges in federal court, where a 95 percent conviction rate and tough sentencing laws routinely lead to prison terms of 20 years or longer.

"We're trying to put a stop to as many of these crimes as we can," said Assistant U.S. Attorney Robert K. Reed, who oversees the unit that handles firearms and robbery cases. "We want to get this message out: If you come into federal court, you will face up to life in prison."

Story continues below.

About 200 Philadelphia cases a year end up in federal court under the Justice Department initiative, known as Project Safe Neighborhoods. Many of these involve defendants who have repeatedly won their cases in city courts, where an Inquirer analysis found that even in the most basic gun-possession cases, only 56 percent of defendants charged in 2007 were found guilty of any crime.

A task force made up of city and federal prosecutors as well as representatives from the police, the FBI, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives meets regularly to identify the most dangerous robbers or defendants whom investigators believe could provide important information about unsolved crimes.

If those defendants violated federal law in the course of their criminal activity, Reed said, their cases are taken before a federal grand jury for indictment. Two federal statutes in particular have proven useful.

One statute is used to go after robbers who hit gas stations, convenience stores, and other businesses. The other is a federal law that mandates a minimum of seven years behind bars for first-time offenders who brandish a gun in a violent crime, and 25 years for repeat offenders - on top of whatever they get for the underlying crime.

The average sentence for all firearms cases over the last eight years has been 9.5 years in prison, according to statistics compiled by the U.S. Attorney's Office, with robbery cases resulting in average sentences of 17.7 years.

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