Legal Commentary

3,000 Crack Cocaine Sentences Reduced To Date

By Jeralyn

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....]

Both Hillary Clinton and Barack Obama have signed on as co-sponsors to S. 1711, Joe Biden's equalization bill. That's not a good bill. Aside for providing massive amounts to fund the war on drugs, it expressly states the penalty revisions will not be retroactive. In other words, they won't apply to the 19,500 serving these draconian and unfair sentences. Nonetheless, the ACLU also is urging its passage.

Bottom line: The guideline reductions are a welcome first baby step but that's all they are and much more is needed.

Full post as published by TalkLeft on April 25, 2008 (boomark / email).