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Federal inmates could see terms cut

Panel votes to let judges reconsider crack sentencing

December 12, 2007|By Matthew Dolan , SUN REPORTER

WASHINGTON -- A day after the Supreme Court restored substantial power to federal judges to hand down sentences below recommended guidelines, the U.S. Sentencing Commission gave them additional authority to reduce prison terms for those already locked up for crack cocaine- related crimes.

The commission's unanimous vote yesterday was viewed by many legal experts as a belated turning point in the often fractious, two-decade-old debate over how best to deal with defendants who violate federal drug laws. The decision could reopen almost 20,000 cases, and several members of the commission - which first urged a change in the guidelines for crack-related crimes a dozen years ago - called it the most important during their tenure.

Beginning in March, almost 10 percent of federal inmates nationwide could be eligible for a reduction in their prison terms, including as many as 279 from Maryland, according to the commission's analysis. The measure does not apply to state courts and prisons where the vast majority of defendants convicted of drug crimes reside.

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Sentencing Commission Chairman Ricardo H. Hinojosa, who is also a federal judge in Texas, described the change as a "modest, partial step" toward addressing inequities in federal drug sentencing. He and other members called on Congress to revisit the issue and rectify the overall disparity in sentencing guidelines for crack and powder cocaine- related offenses in a more comprehensive way.

"It is the right thing to do. There is just no way to justify the ratio" of crack cocaine crimes being penalized much more harshly than those involving an equal amount of powder cocaine, said U.S. District Judge Ruben Castillo, a vice chair of the commission and former federal prosecutor who handled cocaine cases in Chicago.

At yesterday's meeting of the presidentially appointed commission in Washington, the Bush administration renewed its opposition to revisiting crack-involved cases. Administration officials argued yesterday that the potential release of thousands of inmates could pose a public safety risk.

The Sentencing Commission responded saying that the delay until March 3 of its decision's effective date will provide the prison system time to prepare inmates for their reintegration into communities.

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