TWO NATIONAL GROUPS WORKING FOR PRISON REFORM

Here are releases from FAMM and the Sentenching Project

FAMM urges Sentencing Commission to make crack cocaine guideline
amendment retroactive

Families Against Mandatory Minimums (FAMM), the nation's leading
sentencing reform organization with 13,000 members, today calls on the
U.S. Sentencing Commission to make retroactive the crack cocaine
guideline amendment that went into effect on November 1. FAMM has
spearheaded the effort to make the crack cocaine guideline change apply
to people already in prison, helping generate over 30,000 letters to
the Sentencing Commission in support of retroactivity.

Nearly 20,000 prisoners could see their sentences reduced by an average
of more than two years, if the so-called "crack minus two"
guideline amendment that went into effect on November 1 is made
retroactive.

On November 13, FAMM members from across the country will attend the
Commission's public hearing on retroactivity in Washington, D.C.,
bearing photographs of their incarcerated loved ones. FAMM president
Julie Stewart will also testify at the hearing at 3:30 p.m.
"Retroactivity of the crack guideline will not only affect the
lives of nearly 20,000 individuals in prison but that of thousands more
- mothers, fathers, daughters and sons - who anxiously wait for them to
return home." said Stewart. Visit www.famm.org to read Stewart's
testimony to the Commission.

Since 1995, the U.S. Sentencing Commission has repeatedly advised
Congress that there is no rational, scientific basis for the 100-to-1
ratio between crack and powder cocaine sentences. The Commission has
also identified the disparity as the "single most important"
factor in longer sentences for African Americans compared to other
racial groups. The criminal law committee of the Judicial Conference of
the United States, which represents the federal judges who would
administer the application of the amendment to people in prison, has
written the Commission in favor of retroactivity.

"Nearly 80 percent of defendants convicted of federal crack
cocaine offenses after Nov. 1 now face sentences 16 months shorter on
average, thanks to sentencing guideline reforms approved by the U.S.
Sentencing Commission," said Julie Stewart, president and founder
of Families Against Mandatory Minimums (FAMM). "The Sentencing
Commission must now make the change retroactive. If a sentence is
sufficient to serve the purposes of punishment for defendants in the
future, it is sufficient for those who were sentenced under unjust
rules in the past. Clearly, justice should not turn on the date an
individual is sentenced."

Many FAMM members, including Lamont and Lawrence Garrison, would
benefit if the changes are made retroactive. Arrested just months after
graduating from Howard University, Lamont received 19 years and
Lawrence received 15 years, respectively, after being accused of
conspiring to distribute crack and powder cocaine. Both brothers would
receive sentence reductions between three and four years.

However, neither the new guideline nor making it retroactive will
impact the statutory 100-to-1 quantity disparity between crack and
powder cocaine. "Congress must act to address the mandatory
minimums that created the cocaine sentencing disparity in 1986 in order
to ensure equal justice for all defendants," said Stewart.

Families Against Mandatory Minimums (FAMM) is the national voice for
fair and proportionate sentencing laws. FAMM shines a light on the
human face of sentencing, advocate for state and federal sentencing
reform, and mobilize thousands of individuals and families whose lives
are adversely affected by unjust sentences.

To speak to Julie Stewart about these changes, or to arrange an
interview with people affected by mandatory sentencing laws, including
Lawrence and Lamont Garrison's mother, Karen Garrison, please email
media@famm.org.

_______________________________________________
Dear Friends,

Tomorrow I will be testifying before the U.S. Sentencing Commission to urge the
Commission to make retroactive its recent guideline amendment [http://rs6.net/tn.jsp?e=001EGi_ygjACRO6SJElZr4q1rp2hICqWV0O_Y6Smr4VJwF9cZjABZo_w3LbTa9AzEBfW-sGMDZXCOn9FN1pGQ9NpLSvydRawzxF8yYPOMrwUnoS0MFZCYxvqvP-JkUaie0RKPN7Dns81UgUP_BnZsfUx6finsoLu0A4]
on crack cocaine offenses. If the Commission does so, an estimated 19,500 persons
in prison will be eligible for a sentence reduction averaging more than two years.


My testimony [http://rs6.net/tn.jsp?e=001EGi_ygjACRMnfCRAz_id8LwiGMSs0GYLlJ7h0FOMgXUNyje4ca3WCzzqDicYHdNSLKfHq3_lQUqusuCYHvStzyD68M1paxrHITtjYbIMMeAu0zXYqQywzKzhNQToBvd9L86IDUIcVRcuK-9LmFw6mPMaoUuM2ttEX1z1yqCKBE2RcmaL0--IuB9lWsjbi-y8]
addresses several issues that the Commission is likely to consider, including:


* Public Safety - Many of the persons who will benefit from retroactivity will have
served many years in prison, far longer on average than persons convicted of powder
cocaine offenses. They are thus likely to be "aging out" of crime and can benefit
from reentry programming in the federal prison system.
* Consistency in Sentencing - The Commission has called for crack cocaine sentencing
reform since 1995, and therefore it is only proper to apply the amendment to persons
in prison, the vast majority of whom have been sentenced since that time.
* Racial Disparity - Since previous drug amendments which were more likely to benefit
whites and Hispanics were made retroactive, there would be serious concerns about
bias in the system if the crack amendment is not made retroactive. An estimated
85% of the persons who would benefit from such a policy are African American.
* Cost Issues - While there would be some additional court and corrections costs
associated with applying the amendment retroactively, these would be more than
offset by the long-term reduction in incarceration that would occur.

My testimony builds on a previous letter [http://rs6.net/tn.jsp?e=001EGi_ygjACROYCfLQMkX-Exe93poOnOgiheobVydk_W5Le78XMkFDJ1OrNn-VgkMzHShKPsv8OGg1ulKylW0sr0yM1dDUsYUCJMEfbZw1o96vFUm1yUh38UTeECXCJ4sjNABqL3CsLi6k3jrpnZvXLok2Vflzu1ouWjeKlaE7vINi5V-FddLP99R6V5hmgo5WzKjXqSCYEKQIwa1GbGh0G5e2oXfDJNCh]
we have sent to the Commission describing the rationale and feasibility for retroactivity.
And for more information on the issue, please see our web resources on crack cocaine
at www.sentencingproject.org/crackreform [http://rs6.net/tn.jsp?e=001EGi_ygjACRP4EjJyLn9JwNKUpnSUNqxIqSNifumkabDEqB0-c7OJkmSTEiUkDUz9roPSkN3owTrqDBiWdpsa0c3riibY7BEjzfPo-ZSs5Xhx5BHTqILQ6C_guQtbKbV23bwFkCsg0ZM=].

The hearing will take place from 9:30 - 4:30 on Tuesday, November 13th at Georgetown
University Law Center, 120 F St., NW, in the 12th Floor Conference Room of the Gewirz
Student Center.

I hope you find this information useful, and I will keep you posted on progress
in this area.


Regards,

Marc Mauer

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Forward email
http://ui.constantcontact.com/sa/fwtf.jsp?m=1011339988101&ea=pbbaute@paschalbaute.com&a=1101873668018