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The 100 to 1 Powder Cocaine to Crack Disparity Post-Booker

By Tom Lincoln

In dealing with the powder cocaine to crack 100-1 disparity post-Booker, U.S. District Judge Ronnie Greer gives us a nicely crafted Memorandum Opinion and Order regarding sentencing in United States v. Clay, Cr. No. 03-73 (E.D.Tenn. May 6, 2005). Our thanks to Carmen Hernandez for posting it on the BOPWatch group. As Carmen informs:The opinion analyzes the problems with the crack/powder ratio.  It also cites to other similar cases:  United States v. Smith, 359 F.Supp.2d 771 (E.D.Wis.2005) (granting below Guidelines sentence to defendant convicted of crack offense); Simon v. United States, 2005 WL 711916 (E.D.N.Y.); United States v. Carvajal, 2005 WL 476125 (S.D.N.Y. ); United States v. Nellum, 2005 WL 300073, at *3 (N.D.In.)...continue to full post

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on May 19, 2005 (boomark / email).