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One federal district trying a single judge approach to crack retroactivity

By Douglas A. Berman

This new article in the Kansas City Star, headlined "Sentence corrections possible in crack cocaine cases," reveals that one federal district has adopted an interesting (and legally questionable?) approach to crack retroactivity matters:Late last month, Chief U.S. District Judge Fernando Gaitan issued an order establishing the sentence-reduction procedure for western Missouri. Requests will be funneled to U.S. District Judge Ortrie Smith, who will make the final decisions after receiving input from a public defender, two prosecutors and several U.S. probation officers.... The [US Sentencing] Commission estimated last year that about 3,800 inmates nationwide could be released within a year after the decision takes effect March 3.  In western Missouri, about 60 inmates could be released in the first few years...continue to full post

Full post as published by Sentencing Law and Policy on February 19, 2008 (boomark / email).