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Sentencing

Commission OKs Retroactive Reduced Crack Sentences

Posted Dec 12, 2007 5:21 AM CST
By Debra Cassens Weiss

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The U.S. Sentencing Commission voted yesterday to make retroactive its decision to reduce sentencing guidelines for crack offenders.

The commission estimates that 19,500 inmates will be eligible to petition for reduced sentences because of its move, the Washington Post reports. On average, eligible prisoners may see their sentences reduced by 17 percent, the New York Times says.

The commission vote came a day after two U.S. Supreme Court decisions eased the way for judges to depart from sentencing guidelines. In one case, Kimbrough v. United States, the court said judges may conclude that guidelines for crack cocaine are too harsh given the disparity with recommended sentences for powder cocaine.

Two decades ago, the commission mandated a disparity in cocaine sentences when it decided to make the minimum sentence for possession of 5 grams of crack cocaine the same as the minimum for 500 grams of powder cocaine.

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