?The Commission?s decision marks an important moment not only for the 19,500 people retroactivity will impact, but for the justice system as a whole,? stated Marc Mauer, Executive Director of The Sentencing Project.
?Today?s action, combined with the Court?s decision yesterday, restores a measure of rationality to federal sentencing while also addressing the unconscionable racial disparities that the war on drugs has produced.?
The Sentencing Project estimates that once the sentencing change is fully implemented, there will be a reduction of up to $1 billion in prison costs. African Americans comprise more than 80% of those incarcerated for crack cocaine offenses.
The Commission sets the advisory guideline range that federal judges use when sentencing defendants. In May, 2007, the Commission recommended statutory reforms and proposed to Congress an amendment to decrease the guideline offense level for crack cocaine offenses. The amendment went unchallenged by Congress and went into effect on November 1st. The Commission?s action makes that guideline change retroactive to persons sentenced prior to November 1st.
The guideline changes do not affect the mandatory minimum penalties that apply to crack cocaine, which can only be addressed through Congressional action.
?Justice demands that Congress take the next step and eliminate the harsh mandatory minimums for low-level crack cocaine offenses,? said Mauer.
The Commission?s vote comes a day after the United States Supreme Court ruled 7-2 in Kimbrough v. United States that a federal district judge?s below-guideline sentencing decision based on the unfairness of the 100 to 1 quantity disparity between powder and crack cocaine was permissible. In June, Sen. Joseph Biden introduced the Drug Sentencing Reform and Kingpin Trafficking Act of 2007, legislation which would equalize the penalties for crack and powder cocaine offenses. Biden?s bill, S. 1711, aims to shift federal law enforcement?s focus from street-level dealers towards high-level traffickers. Which has supposedly been the purpose of mandatory minimums for the past 20 years.
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