Tag: crack cocaine
Posted on Sun Jun 08, 2008 at 05:56:01 PM EST
Tags: crack cocaine, mandatory minimums (all tags)
The Washington Post today reports on some crack defendants who were able to leave prison early due to the recent retroactive sentencing guideline reductions. They seem to be coping pretty well, considering the changed world they've returned to after a decade or more behind bars.
More than 7,000 crack cocaine offenders ... have received reduced sentences since March, when the U.S. Sentencing Commission put retroactive sentence guidelines into effect to offset what the commission felt were overly harsh punishments for crack cocaine related crimes, and it is an open question whether they will succeed or return to a life behind bars.
....Nearly 90 percent of those who received the tough sentences for crack cocaine were black men and women. Most users and dealers of powder cocaine are white and Latino.
There were 19,500 federal inmates serving sentences for crack when the reduction went into effect in March. Many aren't eligible for the reduction for a variety of technical reasons. For others, mandatory minimum sentencing laws which trump the guidelines will prevent them from getting a reduced sentence. The Government files objections to scores of requests, arguing either that the reduction doesn't apply to a particular defendant or the court should exercise its discretion and deny the relief.
The recent reduction is but a first baby step towards what's needed to reintroduce fairness into our federal criminal justice system. [More...]
(24 comments, 463 words in story) There's More :: Permalink :: Comments
Posted on Fri Apr 25, 2008 at 12:47:23 PM EST
Tags: crack cocaine, mandatory minimums (all tags)
The U.S. Sentencing Commission says 3,000 crack cocaine sentences have been reduced since the guideline amendment went into effect in March.
There are 19,500 inmates serving time for crack cocaine.
In the 40 or so motions I've seen filed in Colorado (cases in which I had one of many co-defendants) the Government seems to file an objection to every request. It either says the guideline doesn't apply or the court should exercise its discretion and deny the relief.
I've mentioned before that the reductions are small, and only apply to a limited group of defendants. I only have one client out of dozens of crack defendants I've represented who appears to be eligible for relief. Sure enough, the Government is opposing the request.
The Sentencing Commission's report is great news for the 3,000 who have obtained relief so far, but it's a drop in the bucket as to what's needed. Congress needs to change the mandatory minumum sentencing laws. It needs to make the penalties for crack cocaine and powder the same without raising the levels for powder. [More....]
(18 comments, 292 words in story) There's More :: Permalink :: Comments
