Georgia Criminal Lawyer Blog » Drug Crimes

House of Representatives Approves Bill Reducing Disparities Between Mandatory Crack and Powder Cocaine Sentences

Richard A. Grossman — Wed, 28 Jul 2010 21:29:38 +0000

The House of Representatives approved a bill the Senate passed in March that changes a 1986 law under which federal crack cocaine sentences were disproportionately greater than for powder cocaine sentences. 80% of persons convicted of crack cocaine offenses are black.

Under current law, possession of 5 grams of crack triggers a mandatory minimum five-year prison sentence. The same mandatory sentence applies to a person convicted of trafficking 500 grams of powder cocaine. The compromise bill would reduce the ratio between crack and powder cocaine from 100:1 to 20:1 and directs the U.S. Sentencing Commission to enhance penalties for aggravating factors like violence or bribery of a law enforcement officer.

President Obama addressed the sentencing disparities between federal crack and powder cocaine offenses during his presidential campaign and is expected to sign the bill.

U.S. Supreme Court Eases Automatic Deportation in Minor Drug Cases

Richard A. Grossman — Wed, 16 Jun 2010 14:39:59 +0000

In a unanimous decision the Supreme Court ruled that immigrants who are legally in the United States need not be automatically deported for minor drug offenses. Jose Angel Carachuri-Rosendo is a permanent resident of the U.S. In 2004, Mr. Carachuri-Rosendo was sentenced to 20 days in jail for possession of less than two ounces of marijuana. In 2005, he was sentenced to 10 days in jail for possession of one tablet of Xanax without a prescription.

Although both offenses were misdemeanors under state law, federal authorities argued that a second drug offense counted as an aggravated felony under federal law. Writing for seven justices, Justice Stevens said, “a 10-day sentence for the unauthorized possession of a trivial amount of a prescription drug” is at odds with the ordinary meaning of “aggravated felony” requiring deportation under 1101(a)(43).

Carachuri-Rosendo v. Holder available here

Senate Bill Would Reduce Sentencing Disparities in Crack vs. Powder Cocaine

Richard A. Grossman — Sat, 13 Mar 2010 22:10:23 +0000

The Senate Judiciary Committee unanimously passed a measure this week to reduce criminal penalties for defendants caught with crack cocaine. The proposed legislation addresses for the first time in two decades a sentencing disparity that has troubled many.

The Senate bill would reduce the sentencing disparity to 18 to 1 for people caught with crack cocaine versus powdered cocaine. The current ratio is 100 to 1, disproportionately hurting African Americans, who are convicted of crack offenses in far greater numbers.

The Senate bill would also increase the amount of crack cocaine required to trigger the 5 year mandatory minimum sentence for possession with intent to distribute from 5 to 28 grams.

The House Judiciary Committee passed a cocaine sentencing reform bill in July that would treat all forms of cocaine the same for sentencing purposes.

New 11th Circuit Opinion re: Drug Quantity and Statutory Mandatory Minimums

Richard A. Grossman — Fri, 05 Mar 2010 20:53:30 +0000

In US v. Bacon, No. 08-10463, the court vacated Defendant Sheikel Jamison’s sentence. Jamison was convicted of participating in a drug trafficking conspiracy under 21 U.S.C. section 846. There was a special jury verdict that the conspiracy involved more than 5 kilograms of cocaine and Jamison was sentenced to the statutorily mandatory minimum sentence of 10 years imprisonment.

On appeal Jamison argued that his sentence must correspond to the quanitity of drugs attributable to him.The court agreed, concluding that Jamison must be sentenced based on an individualized finding, supportable by a preponderance of the evidence, as to the drug quantity foreseeable by that defendant. Jamison’s sentence was vacated and his case remanded for re-sentencing.

Drug Offenses

Mandatory Minimums

Posted by Richard Grossman