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A constitutional crack bleg from an attorney of note

By Douglas A. Berman

I got a call from a notable attorney who asked for help on a crack-related claim of unconstitutionality.  Here is his follow-up "bleg":As I stated today in our telephone call, I was Brian Gall's trial attorney and want to take on a new fight.  I am interested in attacking the constitutionality of the statutory mandatory minimum for crack cocaine as found in 21 USC 841(b)(1(A)(ii).  Specifically, that statute creates a mandatory minimum sentence of 120 months for possession of over 50 grams of crack and for over 5 kilos of powder cocaine. My client?s specific situation is that he pled to one count of possession of crack, with the factual basis of 85 grams of crack.  He had no prior criminal history and was 19 when arrested and 20 years old when sentenced...continue to full post

Full post as published by Sentencing Law and Policy on April 17, 2008 (boomark / email).