Pubdate: Sat, 03 Nov 2007
Source: Austin American-Statesman (TX)
Copyright: 2007 Austin American-Statesman
Contact:  http://www.statesman.com/
Details: http://www.mapinc.org/media/32
Author: Whitney Boyd
Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing)

SHORTCOMING SEEN IN NEW DRUG SENTENCING GUIDELINES

Failure to make shorter crack sentences retroactive criticized.

WASHINGTON - Congress approved the biggest change in  sentencing
guidelines for crack cocaine in the last 20  years this week, but
advocates are still pressuring  lawmakers for more equitable sentencing.

Before the guideline changes, distributing or  purchasing five grams
of crack - equivalent to five  sugar packets - triggered a mandatory
five-year prison  sentence. It took distributing about 500 grams of
powdered cocaine for the same sentence. With the new  guideline
changes, nearly 80 percent of defendants  convicted of federal crack
cocaine offenses will face  sentences 16 months shorter on average.

The change went into effect Thursday after Congress did  not object to
a list of amendments proposed by the U.S.  Sentencing Commission,
including one that would lower  crack sentences by about 10 percent.
The amendment was  not made retroactive, so thousands of current crack
  offenders will not benefit from the change.

Julie Stewart, president of Families Against Mandatory  Minimums, said
that nearly 20,000 crack offenders could  have had their sentences
reduced an average of two  years or more if it had been made
retroactive.

Her organization plans to urge lawmakers to add an  amendment to make
the guideline retroactive.

"Hundreds of our members have written letters to  Congress telling
them why this amendment should be made  retroactive," Stewart said.
"There is a huge racial  disparity in sentencing for crack cocaine in
our legal  system and it needs to be corrected."

Last year, more than 82 percent of crack defendants  sentenced were
black. That compares to less than 14  percent for blacks sentenced for
possession of powdered  cocaine.
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