FOR IMMEDIATE RELEASE
Date: October 31, 2007
Contact: media@famm.org
Nov. 1 heralds new day for crack cocaine sentencing
WASHINGTON, D.C.: Effective November 1st, nearly 80 percent of defendants convicted of federal crack cocaine offenses will face sentences 16 months shorter on average, thanks to sentencing guideline reforms approved by the U.S. Sentencing 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. To ameliorate the unduly harsh penalties for crack, the Commission saw fit this year to amend the Sentencing Guidelines and reduce the base offense level for crack cocaine defendants sentenced after November 1, 2007.
"FAMM applauds the Commission’s reform of the crack cocaine guidelines. It is a long overdue first step to improving crack sentences, and though it does not solve the problem of excessive crack cocaine penalties it moves us closer to that goal," said Julie Stewart, president of Families Against Mandatory Minimums (FAMM), the nation’s leading sentencing reform organization with 13,000 members, most of whom are prisoners or their families.
However, if the amendment is not made retroactive, nearly 20,000 federal prisoners currently serving harsh sentences for crack cocaine offenses will not be eligible for relief. Many FAMM members, including twins Lamont and Lawrence Garrison, would benefit if the changes were retroactive. Arrested just months after graduating from Howard University, Lamont received 19 years and Lawrence received 15 years in prison, after being accused of conspiring to distribute crack and powder cocaine. The brothers would see their sentences lowered by roughly four and three years, respectively, if the guideline change is made retroactive.
“FAMM is spearheading the effort to make the crack cocaine guideline change retroactive and our members have generated thousands of letters to the Sentencing Commission in support of retroactivity,” said Mary Price, general counsel and vice president of FAMM. “The prisoners, children and families torn apart by these unjustifiably harsh penalties are watching closely and will welcome crack sentencing reforms that restore some justice in their loved ones cases.”
While changes to the crack cocaine guideline are an important step forward, they do not provide defendants relief from congressionally imposed mandatory minimum sentences for crack offenses. “Only Congress can change mandatory minimum laws,” said Price. “The time is ripe for reform, especially given the bipartisan support for crack sentencing reform that has emerged in recent years." Currently, there are three bills in the Senate and one in the House to adjust mandatory minimum crack sentences.
Families Against Mandatory Minimums (FAMM) is a national, nonpartisan nonprofit organization that promotes just sentencing policies. For more information, visit: www.famm.org.
More questions about the crack guideline change? Click here to read FAMM's questions and answers.