Convicts doing time for crack charges could receive shortened sentences...

Lowered crack terms could free 20,000 early - CNN.com


WASHINGTON (CNN) -- The U.S. Sentencing Commission is considering retroactive changes that could mean shortened sentences for nearly 20,000 federal prisoners convicted of crack cocaine related offenses.

The commission heard Tuesday from a federal judge and advocacy groups who favor making the change retroactive, and from the Justice Department and others who oppose it.

Guidelines that went into effect November 1 already have reduced the disparity between sentences for crack possession convictions and convictions for possessing cocaine in powder form.

Before the changes, a criminal found guilty of having one gram of crack cocaine would receive the same penalty as someone with 100 grams of the powder version.

Advocates for the sentencing change long have argued that disparity especially hurts African-Americans. Depending on various factors, the new guidelines will shorten sentences for crack cocaine by about 25 percent. Watch the both sides make impassioned pleas »

Making the change retroactive would affect an estimated 19,500 prisoners. If the commission approves it soon, about 2,500 prisoners could go free within a year.

So far the commission has received about 33,000 written comments regarding its proposal. There is no set timetable for action.

If the proposal is approved, a judge would examine each eligible prisoner's case. The judge would decide -- based on factors such as the defendant's history and the circumstances of the arrest -- whether to cut the sentence and by how much.

"To those in our society who sometimes believe that our society really doesn't care about them, I think it's important that we send a message that we do," U.S. District Court Judge Reggie Walton said in his testimony. "While we're not going to tolerate aberrant behavior on the part of anybody ... we're going to treat everybody who comes into our court of law equally."

He added, "I do think that fundamental fairness in the end has to control the decision and should dictate whether this becomes retroactive or not."

The Justice Department argued that releasing that many prisoners years earlier than planned could have a dramatic impact on society, especially at a time when rates of violent crime have risen in many parts of the nation.

"I am concerned that if indeed you make the penalties retroactive with regard to the changes in guidelines, that we are going to see an influx of the very people who are most likely to re-offend and are most likely to upset these fragile neighborhoods," said Gretchen Shappert, U.S. attorney for the Western District of North Carolina.

She told the commission that the impact on communities would be "swift" and "sudden" if the changes were made retroactively.

Commissioner Ruben Castillo responded that judges would be expected to use their discretion and to take into account such factors as a defendant's violent history when deciding how to proceed.

Attending the session were at least a dozen families whose relatives could be released early if the commission votes for the proposal.

Karen Garrison, whose twin sons are serving sentences of more than 15 years for crack cocaine possession, told CNN she is hopeful the commission will act.

"I try not to be frustrated because I can't concentrate," she said. "I won't be able to hear the things I need to hear to understand what is going on," she added. "And if I get frustrated it goes into being anxious, maybe even a little bit angry and I can't give in to those things."


Her sons, who have continually vowed they are not guilty, could see their sentences reduced by several years.

"I don't feel anything at this point," Garrison said. "It is like waiting and see. I have been doing that for almost 10 years, just waiting and see."

Does anyone else have a problem with this? I mean, this could lead to people doing LESS time for crack possession than those serving time for marijuana related charges. Our country's legal system makes absolutely no sense to me. This news article has nearly made my brain implode.

This wasnt started becaue Crack prison times were longer than pot, its because black politicians and activist were angry that Crack senteces were primarily against black suspects and were longer than Cocaine sentences that were primarily white. IN Short. black politicians/activist said too many blacks were being put in jail for long sentences.

Wow same sentence for 1 gram of crack as nearly a QP of powder? thats fucking absurd. its the same drug wtf

i too think this ia racialy motivated but not because black poloticians and activists dont think it right to lock up crackheads longer than those with cocaine charges. but because i remember in the 80s crack was mainly a problem with the black community( remember the cia created crack and aids to do away with the black man? that conspiracy.) but now more and more white kids,middle to upper class that is, are becoming addicted and god knows we cant sentance a white kid the same as a black kid. the white kid is just misguided where as the black kid is evil.(by the way that is sarcasm)

my opinion of crackheads aint very good. my best freind, who is white by the way, got hooked and robbed me blind. found out my landlord was a crackhead after i got the notice that the bank was repossesing the property i lived in, because she bought crack with the rent money i was giving her. i ,who dont use crack, lost almost everything i own because of it. how much more of an evil can a substance be. so needless to say i am very bitter towards crack and crackheads. not only do they spiral down but they drag our entire society down with them.