Cocaine and crack sentencing disparity cases

Sentence reductions in crack cocaine cases federal. Here are the sentencing disparities between crack and cocaine. Though his case is an illustration of the disparitys pernicious effects, the. Sentencing disparity primary sources topics in criminal.

At issue is whether a federal judge has the discretion to impose a more lenient sentence on sellers of crack cocaine based on a finding that the 100. T2 an examination of substantial assistance departures in federal crackcocaine and powdercocaine cases. Judge attacks disparity in cocaine sentencing the boston. The law includes what critics have called a 100to1 disparity. Court mulls crackcocaine sentencing disparity the supreme court hears arguments in two drugcrime cases tuesday. Sentencing commissions contention that the ratio led to exaggerated sentences for crack dealers. The legislation also eliminates the mandatory minimum for simple possession of crack cocaine. Federal crack cocaine sentencing the sentencing project. Listed below are links to weblogs that reference cocaine cases in limbo as end looms for sentencing disparity.

Keith ellison spent 16 years as a trial lawyer dealing with hundreds of cases involving cocaine arrests. A comprehensive examination of the 100to1 crack versus powder cocaine sentencing disparity under which distribution of just 5 grams of crack carries a minimum 5year federal prisonsentence, while distribution of 500 grams of powder cocaine carries the same 5year mandatory minimum sentence. But it said that although the disparity between crack and powder cocaine is not sufficient in itself to justify a downward departure, such a disparity, when coupled with the improper targeting and inducement, might be sufficient to take a case outside the heartland of crack cocaine cases. The adaa created a 100toone ratio between the quantity of crack versus powder cocaine needed to trigger mandatory minimum sentencing. Crack cocaine is made by dissolving powder cocaine a derivative of coca leaves and baking soda in boiling water and then cutting the resulting paste into small rocks after it dries. Some people serving prison sentences for crack cocaine offenses may be eligible for a sentence reduction, due to retroactive changes to the sentencing guidelines for crack cocaine. Before this law was passed, the united states had a 100to1 cracktopowder cocaine sentencing disparity. In 2010 congress passed the fair sentencing act, which repealed the mandatory minimum sentence for simple possession and reduced the sentencing disparity from 100. Under the current law, crack users possessing only 5 grams of the drug are charged with a felony to get the same charge, powder cocaine users have to be caught with 500 grams. Fair sentencing act american civil liberties union. President obama signed a new law that will close the longdisputed 100. The sentencing commission, which has recommended three times that congress narrow. The us house of representatives approved a bill, sb 1789 on july 28.

Since the law went into effect, the ratio dropped to 18to1. The new law significantly reduces the cocaine sentencing quantity disparity from 100 to 1 to 18 to 1 by raising the quantity of crack cocaine necessary to trigger the five and tenyear mandatory minimum sentences first set in 1986. Derrick kimbrough pleaded guilty to distributing fifty or more grams of crack cocaine, along with other drugand firearmrelated offenses. Edward douglas is serving a life sentence for selling crack cocaine. The amount of powder cocaine necessary to trigger the sentence is still five kilos. Cracking the racial disparity for cocaine sentencing. In fiscal year 2010, before the passage of the fair sentencing act, almost 4,000 defendants, mainly black, received mandatory minimum sentences for crack cocaine. That resulted in a disparity with powder of about 18 to 1. A comprehensive examination of the 100to1 crack versus powder cocaine sentencing disparity under which distribution of just 5 grams of crack carries a. The rocks are usually sold in single doses to users who smoke them. The us supreme court monday agreed to hear the case of a virginia man sentenced under the harsh federal crack cocaine laws.

Advocates for changing the law point to crime statistics that show crack is more of an innercity drug while cocaine powder is used more often in the suburbs. While eliminating the crackpowder sentencing disparity is a critical step, it is not sufficient to reintroduce fairness and. Crack cocaine disparity, the fair sentencing act 2010. This guide highlights the incredible breadth, depth and reliability of government information on this topic. New guidelines to reduce sentences in crackcocaine cases. Federal sentencing guidelines in similar drug cases have changed, in particular to end disparities in how the courts treat crack cocaine vs. What is the chemical difference between crack cocaine and powder cocaine. In whats known as the 100to1 rule, federal law mandates a 10year sentence for anyone caught with 50 grams of crack, about the weight of a candy bar. Such a change would permit judges to consider the full range of sentencing criteria in all crack cocaine cases, rather than in just the relatively modest number of cases permissible under the current sentencing structure. Comments in the sdny, i am informed that us attorneys will be actively asking the judge to use a 1. Introduction defender services office training division. Data on retroactive application of the 2007 crack cocaine amendment a set of tables presenting data on cases in which a. Whereas, proposals to remove the federal mandatory minimums for crack and powder cocaine, and to otherwise eliminate the disparity for crack and powder cocaine by sentencing crack in the same manner that powder cocaine is currently sentenced, would threaten efforts to investigate and prosecute significant and violent drug offenders that deal crack.

Columbia used these cases to create onetoone sentencing ratios of crack cocaine to powder cocaine. The court decision monday rejected the bush administration argument that, because congress had written the ratio into federal law, federal judges could not depart from it. In addition, you will find information on prior actions by the sentencing commission addressing crackpowder cocaine sentencing disparity, and reports and testimony useful when arguing for nonguidelines sentences in crack cases. Unjustified and unreasonable overview crack cocaine became prevalent in the mid1980s and received massive media attention due in part to the death of college basketball star len bias subsequently found to have used powder cocaine on the night of his death and not crack. Obama commutes sentences for 8 in crack cocaine cases. Since congress recognized the gaping racial disparity between mandatory minimum sentences for crack offenses and cocaine offenses and reduced the ratio from 100to1 to 18to1, courts have grappled with when and how to apply the statute to alreadydecided cases. Justices hear drug sentences disparity us news crime. This disparity between crack and powder cocaine was driven by fear, instead of by research, of the intensity and perceived dangers of. We wrote this paper to inform the public and congress about the disparities in the sentencing laws between crack and powder cocaine, which. The fair sentencing act amends existing laws by increasing the amounts of crack that trigger these penalties, from five grams to 28 grams for fiveyear minimum sentences and from 50 grams to 280 grams for tenyear minimum sentences. As an answer to this call, and in an attempt to build on currents studies on the effects of departures as an intervening mechanism, and a source of unwarranted disparity, this study explores federal sentencing data on offenders convicted of crack. Sentencing commission regarding the powdercrack cocaine sentencing disparity and reconsider proposals to amend the law.

Whereas, proposals to remove the federal mandatory minimums for crack and powder cocaine, and to otherwise eliminate the disparity for crack and powder cocaine by sentencing crack in the same manner that powder cocaine is currently sentenced, would threaten efforts to investigate and prosecute significant and violent drug offenders that deal. The cocaine sentencing disparity there is a gross injustice occurring in the united states that needs to be. The difference between crack and cocaine powder cocaine powder is. Regardless of changes in the federal law, a charge of. The sentencing disparities between crack and cocaine attn. The following information will explain who might be eligible for a sentence reduction and how the process works. At the time, possession of crack cocaine resulted in penalties 100 times higher than possession of an equal amount of the powdered form. Sentencing commission first called for reform of the 100. One case involved a crack cocaine dealer who received a 15year term when the guidelines called for 19 to 22 years in prison. So, the federal law still imposes a different and harsher sentence for crack cocaine possession than it does for powder cocaine possession, but the disparity is not nearly as great as under the 1986 act. President obama signed a new law tuesday that closes a decadesold gap in federal sentencing that led to much stiffer penalties for crack cocaine cases than ones involving powder cocaine. The resources on this page help explain the current law and applicable sentencing guidelines.

Now that disparity is being reduced from 100to1 to 18to1. One would think, based on the sentencing laws, that crack cocaine is a very different drug than powder cocaineand much. Because crack and powder cocaine are two forms of the same drug, there should not be any disparity in sentencing between crack and powder cocaine offenses the only truly fair ratio is 1. The purpose of this report is to contribute to the ongoing assessment of federal cocaine sentencing policy by congress.

The sentencing disparity between these two drug offenses is perceived by a number of commentators as racially biased. Supreme court will hear arguments tuesday, october 2, 2007, in a crackpowder cocaine sentencing disparity case kimbrough v. In 2010, congress passed the fair sentencing act fsa, which reduced the sentencing disparity between offenses for crack and powder cocaine from 100. Supreme court ruled that the reductions in the fair sentencing act applied to at least those cases decided before. The us sentencing commission provided this analogy in 1997 to support equalizing penalties for crack and powder cocaine. Data show racial disparity in crack sentencing us news. Congress declined to repeal the 100to1 ratio despite the u. A federal panel has approved changes to the sentencing guidelines for defendants convicted in crackcocaine cases, taking another step toward shrinking the disparity between crack and powdercocaine sentences. Now, the ten year sentence is triggered by 280 grams of crack instead of 50. After president obama signed off on new legislation to reduce the sentencing disparity between people caught with crack cocaine and those caught with powder cocaine, the minnesota democrat spoke to huffpost about what it all means. Race and class penalties in crack cocaine sentencing by michael coyle overview after a decade of contentious debate regarding the federal sentencing disparities between crack cocaine and powder cocaine, a number of significant initiatives to reform current policy. The figures for the 6,020 powder cocaine cases are far less skewed. New drug law narrows crack, powder cocaine sentencing gap.