Once again we see how federal sentencing decisions lie not in the hand of judges, where they belong, but to prosecutors under the federal sentencing guidelines. Prime example, in today's news: The U.S. Attorney in Boston is seeking much longer drug, gun sentences:

"The U.S. attorney in Boston has ordered federal prosecutors to seek longer prison terms for people convicted of drug and gun offenses. Under U.S. Attorney Michael Sullivan's policy of requiring prosecutors to seek sentence enhancements, a convicted drug dealer's 10-year sentence could double if he has a prior drug conviction in state court. "

''This is a kind of sea change in the practice of this office,'' Sullivan said in Sunday's Boston Globe. ''I think it's important that we use the tools that allow for the most significant punishment.''

"The move bucks a national trend against lengthy sentences, which critics say too harshly punish indigent, non-violent defendants. According to the U.S. Sentencing Commission, the lengths of federal drug sentences have dropped more than 20 percent in the past decade. "

"Before Sullivan announced the change internally earlier this year, federal prosecutors in Massachusetts used their discretion when seeking sentencing enhancements that increase the mandatory minimum sentences for drug dealers with previous felony drug convictions. Now, prosecutors are required to use the enhancements in every applicable case."

We expect more of this coming from Ashcroft. As chief law enforcement officer of the courntry, and the Department of Justice, which oversees the U.S. Attorneys office, he can implement his poorly conceived, ill-advised plans however he wishes--particularly now that the Congress will be Republican and hardly apt to hold him in check.

Already in Colorado, according to our sources (and recent clients' charges) pot growing cases of under 100 plants are now being brought in federal court. The Assistant US Attorneys are not happy about having to prosecute these small cases, but we've been told (and not from an AUSA) that this is happening at Ashcroft's insistence.

Why does Ashcroft always go in reverse when the rest of the world is going forward? Our prediction: this is just the shape of things to come.