Pubdate: Thu, 10 Apr 2008 Source: Charlotte Observer (NC) Copyright: 2008 The Charlotte Observer Contact: http://www.charlotte.com/observer/ Details: http://www.mapinc.org/media/78 Author: Fred Kelly Bookmark: http://www.mapinc.org/topic/Sentencing+Commission Bookmark: http://www.mapinc.org/topic/crack+cocaine Too Few Are Freed CRACK SENTENCING DISPARITY Group Says Hundreds May Qualify for Release State NAACP leaders said Wednesday that federal courts in North Carolina have not freed enough inmates under new laws meant to reduce the disparity in prison sentences between African American and white drug offenders. The civil rights group sent a letter to the federal Bureau of Prisons saying hundreds of crack cocaine offenders prosecuted in North Carolina may qualify for immediate release, but remain behind bars. The issue stems from the U.S. Sentencing Commission's decision to retroactively shorten sentences for crack cocaine offenders. Supporters argue stiffer penalties for crack are discriminatory because crack defendants are more likely to be African American and powder cocaine defendants are more likely to be white. Since March, federal courts around the country have freed more than 3,600 crack offenders or reduced their sentences. But in North Carolina, they have shown leniency to just 27 inmates. The Rev. William Barber II, president of the N.C. branch of the NAACP, said it is clear the courts are "foot dragging." Court officials in North Carolina acknowledge starting slower than some other states, but say cases are now moving more rapidly. "I don't see anybody dragging their heels," said Louis Allen, federal public defender for the Middle District of North Carolina, which stretches from Winston-Salem to Durham. The issue centers around laws first adopted in 1980s that mandated a minimum five-year prison sentence for possessing 5 grams of crack cocaine, about the equivalent of five sugar packets. A suspect would have to possess 500 grams of powder cocaine to get the same sentence. Under the new guidelines, inmates can petition the court for a reduced sentence. Judges can approve or deny the petitions based on factors such as the inmate's criminal history or behavior in prison. In the U.S. District Court of Western North Carolina, which covers Charlotte, 414 inmates have applied for early release. So far, nine have been freed and one had his sentence reduced. Eight petitions have been rejected by the court. Barber, the NAACP leader, said he is upset because federal courts in other states released hundreds of inmates the first week the new guidelines took effect last month. Court officials in North Carolina say they understand the frustration, but note that the state has one of the highest caseloads in the country to review. At least 1,461 inmates prosecuted in North Carolina are eligible to apply for a reduced sentence, the federal government says. "We are all doing the best we can," said Frank Johns, clerk of the U.S. District Court for Western North Carolina. "Hopefully, the system is responding as quick as it can." - --- MAP posted-by: Richard Lake