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June 22, 2012

High Court gives crack defendants a break


Majority of the Supreme Court decided that all convicted of crack cocaine-related charges are to be covered under the new guidelines. (UPI/Roger L. Wollenberg)

WASHINGTON (UPI) -- The U.S. Supreme Court ruled 5-4 Monday that all criminals sentenced after the new guidelines on crack cocaine came into effect were covered by the new rules.

That applies even if they were arrested while the old harsher sentencing guidelines were in effect.

Under the Anti-Drug Abuse Act of 1986, the five- and 10-year mandatory minimum prison terms for federal drug crimes reflected a 100-to-1 disparity between the amounts of crack cocaine and powder cocaine needed to trigger the minimums.

Under that guideline, the five-year minimum was triggered by a conviction for possessing with intent to distribute 5 grams of crack cocaine, but 500 grams of powder; and the 10-year minimum was triggered by a conviction for possessing with intent to distribute 50 grams of crack but 5,000 grams of powder

The Fair Sentencing Act, which took effect Aug. 3, 2010, reduced the disparity to 18-to-1, lowering the mandatory minimums applicable to many crack offenders by increasing the amount of crack needed to trigger the five-year minimum from 5 to 28 grams and the amount for the 10-year minimum from 50 to 280 grams, while leaving the powder cocaine amounts intact.

The new amendments became effective on Nov. 1, 2010.

Two Chicago defendants convicted of crack distribution before the new guidelines took effect, but sentenced under the old guidelines even though the new rules had gone into effect, filed suit. A federal appeals court upheld the sentences.

But in the opinion written by Justice Stephen Breyer, the Supreme Court majority said Congress appeared to make the new rules applicable to anyone sentenced after they were implemented, even if defendants were convicted under the old regime.

Justice Anthony Kennedy joined the four liberal justices to make up the majority. The four other conservatives dissented.

Comments :

AnGilena


03/27/2014
Only to some people. I once had this fenrid that is addicted. My and my best fenrid got really tired of him, so we decided to tell his parents about his problem. He became really irritable, because he played COD Zombies online all night long, and then treated people like crap during the day. I also owed this guy the new COD Map Pack, because we game share, but I decided I wouldn't give it to him for a week. His parents thought that this was a good idea. Halfway through the week though, he went, and bought a gift card, and got it himself. He is still addicted, and also, still acts like an ass. My best fenrid and I don't hang with him anymore.

Karen


03/28/2014
Absolutely not, If you were to let a gamer who has never done a drug in his life hit a crackpipe he would pawn his gamnig system off for more crack eventually. The difference is that video games aren't nearly as bad for you, all you have to do to not play video games for a week is keep your mind focused on something else, the only way to stop a crack addict that does crack as much as a gamer plays games would be to tie him up and make it impossible for him to get loose. I have tried cocaine, and video games there is really no comparison. People who are addicted to crack will even become physically sick if they go long enough without it and will also attempt to kill themselves.

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