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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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