Pubdate: Wed, 12 Dec 2007
Source: Daily Press (Newport News,VA)
Copyright: 2007 The Daily Press
Contact:  http://www.dailypress.com
Details: http://www.mapinc.org/media/585
Author: Peter Dujardin

CRACK COCAINE RULING AFFECTS 1,404 IN REGION

Commission Changes Sentencing Rules To Eliminate Disparity Between 
Crack And Powdered Cocaine.

The U.S. Sentencing Commission voted unanimously Tuesday to apply 
reduced sentences for crack cocaine offenses to 19,500 people behind 
bars, a move that could have a dramatic effect on Virginia.

More than 1,400 prisoners sentenced on federal crack cocaine charges 
in the Eastern District of Virginia over the past 15 years could have 
their sentences cut under the new rules. That federal district - 
which spans from the suburbs of Washington, D.C., to Hampton Roads - 
ranks at the very top of 94 federal court districts nationwide in the 
number of people who could be released early.

The seven-member Sentencing Commission voted this year to modestly 
reduce a vast disparity in sentencing involving equal amounts of 
crack cocaine and powdered cocaine. But the commission left unclear - 
until Tuesday's vote - whether that change would apply to people 
imprisoned now.

It received tens of thousands of letters on the matter in recent 
months, with all manner of interest groups weighing in.

"We're extremely pleased with the decision," said Michael Nachmanoff, 
federal public defender for the Eastern District. "It's a great step 
in the right direction to bring some measure of fairness to this area 
of the law."

Critics have long pointed out that the disparity between sentences 
for the two forms has led to a racial discrepancy in sentencing for 
what's essentially the same drug. Those convicted on crack cocaine 
charges are more likely to be black than those convicted on powdered 
cocaine offenses.

Nachmanoff said he had been optimistic before the vote but found it 
"surprising and really great news" that the panel voted unanimously. 
"The fact that the entire commission, including people with a 
Department of Justice background, spoke with one voice means they 
appreciated that this was a necessary step," he said.

The Sentencing Commission's decision coincides with two Supreme Court 
cases decided Monday - which give federal judges more leeway not to 
follow federal sentencing guidelines - to potentially grant a lot 
more leniency toward crack cocaine defendants in federal courts than 
in the past.

But the Bush administration and the Justice Department had strongly 
opposed applying the reduced sentences retroactively. That was in 
part because the move could take prosecutors away from other matters, 
especially in areas heavily affected by the reduced sentences, such 
as Virginia's Eastern District.

"Making the revised guidelines for crack cocaine retroactive will 
make thousands of dangerous prisoners, many of them violent gang 
members, eligible for immediate release," Craig Morford, acting 
deputy attorney general, said in a written statement released after 
the vote. "These offenders are among the most serious and violent 
offenders in the federal system."

He said, "In addition to the threat to public safety, retroactive 
application will divert valuable resources from federal courts and 
prosecutors for resentencing at a time when violent crime is rising 
in many vulnerable communities around the country."

About 19,500 people nationally would be eligible to have their 
sentences cut an average of 27 months, according to Sentencing 
Commission figures. More than 2,500 inmates nationwide could be 
eligible for release within a year from the March 3 effective date of 
Tuesday's decision.

But those eligible for early release would have to go before a judge 
who would look at the case and make the final call.

The Eastern District of Virginia - which has court divisions based in 
Newport News, Norfolk, Richmond and Alexandria - has 1,404 prisoners, 
or 7.2 percent of the 19,500 total, who could get out early under 
such sentencing. That outpaces federal court districts that include 
New York, Los Angeles, Chicago, Washington and Miami.

Even under the new sentencing guidelines, a huge disparity between 
crack and powdered cocaine sentencing still exists, though it's not 
quite as drastic as before.

Under the old structure, for example, people convicted of dealing 50 
grams (1.75 ounces) of crack for the first time would get 10 to 12 
1/2 years, whereas someone convicted of dealing the same weight of 
powdered cocaine would get only between 21 and 27 months. Under the 
new guidelines, the person dealing crack would get between eight and 
10 years instead - a two-year reduction - while the powdered cocaine 
punishment would stay the same.

Nachmanoff, the district's public defender, said more work needed to 
be done to further reduce the disparity. "Although this is a step in 
the right direction, this is not a complete fix," he said. "Congress 
really needs to act to reduce the penalties for crack cocaine. They 
are too harsh."
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MAP posted-by: Keith Brilhart