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U.S.
Sentencing Commission Reforms Cocaine Sentencing Guidelines
Friday, November 2, 2007
In the absence of opposition from Congress,
an amendment to revise the federal guidelines for crack cocaine
sentencing became law on November 1, 2007.
The amendment, introduced by the U.S. Sentencing Commission, lowers the
bottoms of the recommended sentencing ranges for crack cocaine-related
crimes so that they are no higher than the mandatory minimum sentences
required by law. The change is expected to impact around 3,500 people
each year, and will reduce defendants' sentences on average by 15
months, according to the Sentencing Project.
This is a small step towards mitigating the sentencing disparity between
crack and powder cocaine, which disproportionately affects people of
color.
The next step is a hearing being held by the Sentencing Commission on
November 13 to consider whether to make this change retroactive. If the
revision is applied retroactively, almost 20,000 people who are already
in prison would benefit. DPA submitted a letter to the commission urging
it to make the amendment retroactive.
Jasmine Tyler, deputy director of national affairs for DPA, said, "We
are encouraged by the US Sentencing Commission’s commitment to do what
is in their power to address harsh crack cocaine sentences, and we are
hopeful that the Commission will apply this relief retroactively.
However, only the US Congress can eliminate the punitive, racist
sentencing disparity between powder and crack cocaine sentences and we
implore them to do so now."
The U.S. Sentencing Commission does not have the power to change
mandatory minimum sentencing laws, but does have control over advisory
guidelines that recommend a sentencing range for federal crimes.
DPA is engaged in ongoing work to change mandatory minimum sentencing
laws in Congress.
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