Sentences reduced for Crack Cocaine

Friends,

At a time of growing national concern about unequal treatment within the justice
system, the United States Sentencing Commission today lowered the Guideline sentences
for offenses involving crack cocaine, likely impacting 3,500 federally sentenced
defendants each year. Commission concerns about the excessive penalty structure
for crack cocaine offenses prompted the change that on average will reduce defendants'
sentences by 15 months.

The Commission sets an advisory guideline range that federal judges use when sentencing
defendants. Under the old range, average sentences for crack cocaine offenses were
121 months. Now the estimated average sentence will be 106 months. In May the Commission
recommended statutory reforms and proposed to Congress the amendment to decrease
the guideline offense level for crack cocaine offenses. The amendment went unchallenged
by Congress and therefore takes effect today. According to Commission analysis,
the modification would reduce the size of the federal prison population by 3,800
in 15 years. Such a reduction would result in savings of over $87 million, according
to The Sentencing Project.

This change, however, only addresses one aspect of the controversy surrounding crack
cocaine sentencing. The Commission is currently considering whether to apply the
amendment retroactively - a move that would make approximately 19,500 persons in
prison eligible for a reduced sentence. The Commission will hear testimony on this
issue at a Nov. 13 public hearing at which I will testify in favor of retroactivity.

In a submission to the Commission, The Sentencing Project argues that "the Commission,
courts, and commentators all have recognized the undue disparity caused by the Guidelines
since their inception. Thus, defendants who were incarcerated when the problems
with the crack Guidelines first became evident should also be granted an opportunity
to pursue the benefit of this long overdue remedy."

The new policy comes on the heels of oral arguments before the U.S. Supreme Court
in Kimbrough v. the United States. The high court is being asked to uphold the authority
of federal judges to depart from the sentencing guidelines in crack cocaine cases
when they disagree with sentencing policy.Furthermore, bipartisan reform legislation
is pending in Congress and hearings addressing the statutory mandatory minimum sentences
are expected this fall.

Use the following links to read The Sentencing Project's letter [http://rs6.net/tn.jsp?e=001eddgdBR1oT5iy7kgK6Z6fx9E6SBFsj9h2ziySaDYXMBmi7RugK_HbJ0-yTW3U5tKr0aUdRWBJD_a5JsT7bBtuQ9w3Mgxk8wL79JImyvEWB4SQgktKvlgQwlVi0av6Gt3Udg9Z022mDurYvQiQ0Woboa5o71jOMTDdsq_xxSPA8Op5rrwxZfXMgZrtdvGBaL3RAJjXo6bMmIUkCvsdcLyGg==]
to the Commission urging retroactivity, and learn more about the momentum to end
the sentencing disparity at: www.sentencingproject.org/crackreform [http://rs6.net/tn.jsp?e=001eddgdBR1oT5iy7kgK6Z6fx9E6SBFsj9h2ziySaDYXMBmi7RugK_HbJtwuTSzseRyNWmh38eybHDk1R5uY002dYOk9yNH1Y3FcmlypqkvBjKMfWalnfbdNcsER_K9Aie_].


Regards,

Marc Mauer

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