On December 11, 2007, the United States Sentencing Commission (USSC) issued a ruling that people convicted of crack cocaine possession prior to November 1 of this year could petition to have their sentences reduced. This is in line with the recommendation made by Washington Bureau Director Hilary Shelton in testimony before the USSC just a month earlier.
Due to actions taken by the U.S. Sentencing Commission (USSC) last May, as of November 1, 2007, the mandatory minimum penalties for crack cocaine conviction have been lowered, which may impact as many as 3,500 federal defendants a year. On average, this change will reduce the penalty on defendants’ sentences by 15 months. The USSC decision in December means that the decision will be applied retroactively to those who were sentenced prior to November 1.
As a result of federal law passed in 1986, there is a huge (100 to 1) disparity between the penalty for possession of crack cocaine and powder cocaine. Specifically, a person has to possess 500 grams of powder cocaine before they are subject to the same mandatory prison sentence (5 years) as an individual who is convicted of possessing just 5 grams of crack cocaine (despite the fact that pharmacologically, these two drugs are identical). One of the effects of the 1986 law is that small-scale crack cocaine users are punished much more severely than powder cocaine users and their suppliers.
Everyone seems to agree that crack cocaine use is higher among Caucasians than any other group: most authorities estimate that more than 66% of those who use crack cocaine are white. Yet in 2006, 82% of those sentenced under federal crack cocaine laws were African American. When you add in Hispanics, the percentage climbs to above 96%. Since 1986 the 100 to 1 ratio has had a devastating and disproportionate impact on the African American and Hispanic communities.
While the USSC decision does not impact the 100-to-1 crack / powder cocaine sentencing disparity, it does ensure that people convicted of crack cocaine possession under federal law are not sentenced even more harshly. It is also, in the eyes of the NAACP, a positive step forward. The NAACP also supports legislation that has been introduced in both the House and the Senate to eliminate the crack / powder disparity. The NAACP also celebrated the decision by the United States Supreme Court the day before the USSC announcement that federal judges are not bound by federal guidelines for those who sell crack rather than powder cocaine. In their opinion the Justices stated that the federal guidelines, which had been considered mandatory, were advisory. The NAACP will continue to advocate for a change in the underlying 100-1 sentencing disparity.
Due to actions taken by the U.S. Sentencing Commission (USSC) last May, as of November 1, 2007, the mandatory minimum penalties for crack cocaine conviction have been lowered, which may impact as many as 3,500 federal defendants a year. On average, this change will reduce the penalty on defendants’ sentences by 15 months. The USSC decision in December means that the decision will be applied retroactively to those who were sentenced prior to November 1.
As a result of federal law passed in 1986, there is a huge (100 to 1) disparity between the penalty for possession of crack cocaine and powder cocaine. Specifically, a person has to possess 500 grams of powder cocaine before they are subject to the same mandatory prison sentence (5 years) as an individual who is convicted of possessing just 5 grams of crack cocaine (despite the fact that pharmacologically, these two drugs are identical). One of the effects of the 1986 law is that small-scale crack cocaine users are punished much more severely than powder cocaine users and their suppliers.
Everyone seems to agree that crack cocaine use is higher among Caucasians than any other group: most authorities estimate that more than 66% of those who use crack cocaine are white. Yet in 2006, 82% of those sentenced under federal crack cocaine laws were African American. When you add in Hispanics, the percentage climbs to above 96%. Since 1986 the 100 to 1 ratio has had a devastating and disproportionate impact on the African American and Hispanic communities.
While the USSC decision does not impact the 100-to-1 crack / powder cocaine sentencing disparity, it does ensure that people convicted of crack cocaine possession under federal law are not sentenced even more harshly. It is also, in the eyes of the NAACP, a positive step forward. The NAACP also supports legislation that has been introduced in both the House and the Senate to eliminate the crack / powder disparity. The NAACP also celebrated the decision by the United States Supreme Court the day before the USSC announcement that federal judges are not bound by federal guidelines for those who sell crack rather than powder cocaine. In their opinion the Justices stated that the federal guidelines, which had been considered mandatory, were advisory. The NAACP will continue to advocate for a change in the underlying 100-1 sentencing disparity.
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