Dec 10, 2007 7:32 pm US/Eastern
High Court Eases Crack Sentence Guidelines
WASHINGTON (CBS News) ―
-
-
Sun shines on the Supreme Court building in Washington. (File)
CBS
The Supreme Court on Monday said judges may impose shorter prison terms
for crack cocaine crimes, enhancing judicial discretion to reduce the
disparity between sentences for crack and cocaine powder.
By a 7-2 vote, the court said that a 15-year sentence given to
Derrick Kimbrough, a black veteran of the 1991 war with Iraq, was
acceptable, even though federal sentencing guidelines called for
Kimbrough to receive 19 to 22 years.
In a separate sentencing case that did not involve crack cocaine,
the court also ruled in favor of judicial discretion to impose more
lenient sentences than federal guidelines recommend.
The crack disparity has long had racial overtones, reports CBS News correspondent Wyatt Andrews.
For crack dealers, who are mostly black, 50 grams draws a 10-year
minimum sentence. But for powder dealers, who are mostly white, it
takes 5 kilos to draw 10 years, a 100-1 difference.
The challenges to criminal sentences center on a judge's discretion
to impose a shorter sentence than is called for in guidelines
established by the U.S. Sentencing Commission, at Congress' direction.
The guidelines were adopted in the mid-1980s to help produce uniform
punishments for similar crimes.
The cases are the result of a decision three years ago in which the
justices ruled that judges need not strictly follow the sentencing
guidelines.
"The decision is part of a recent trend on the Court - a trend away
from rigid sentencing rules and toward giving back to judges some
discretion to impose sentences that track the facts of a particular
case," says CBS News senior legal analyst Andrew Cohen. "Lower court judges have pushed hard for that wiggle room and the Court once again has obliged."
Kimbrough's case did not present the justices with the
ultimate question of the fairness of the disparity in crack and powder
cocaine sentences.
Judges will have more discretion in an estimated 30 percent of future crack prosecutions, adds Andrews. But the sentencing laws don't change. The basic 100-1 disparity still exists and only Congress can change that.
Seventy percent of crack defendants are given the mandatory prison terms.
Justice Ruth Bader Ginsburg, writing for the majority, said, "A
reviewing court could not rationally conclude that it was an abuse of
discretion" to cut four years off the guidelines-recommended sentence
for Kimbrough.
Justices Samuel Alito and Clarence Thomas dissented.
"Whatever else it does, the ruling does not do away with that
enormous discrepancy in sentences for people caught with powder cocaine
versus those caught with crack cocaine," says Cohen. "If that's
going to happen, it's going to have to happen in Congress, which
created the different sentence maximums in the first place, or through
the Sentencing Commission, which already is moving in that direction."
The Sentencing Commission recently changed the guidelines to reduce
the disparity in prison time for the two crimes. New guidelines took
effect Nov. 1 after Congress took no action to overturn the change.
The commission is scheduled to vote Tuesday afternoon on the
retroactive application of the crack cocaine guideline amendment that
went into effect on Nov. 1. The commission has estimated 19,500 inmates
could apply for sentence reductions under the proposal.
In the other case, the court, also by a 7-2 vote, upheld a sentence
of probation for Brian Gall for his role in a conspiracy to sell 10,000
pills of ecstasy. U.S. District Judge Robert Pratt of Des Moines, Iowa,
determined that Gall had voluntarily quit selling drugs several years
before he was implicated, stopped drinking, graduated from college and
built a successful business. The guidelines said Gall should have been
sent to prison for 30 to 37 months.
The sentence was reasonable, Justice John Paul Stevens said in his majority opinion. Alito and Thomas again dissented.
Under the decisions in both cases, Alito said, "Sentencing disparities will gradually increase."
Chief Justice John Roberts and Justices Stephen Breyer, Anthony
Kennedy, Antonin Scalia, David Souter, Ginsburg and Stevens formed the
majority in both cases.
The cases are Kimbrough v. U.S., 06-6330, and Gall v. U.S., 06-7949.
(© 2010 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
Comments