COCAINE PENALTIES TO BE REVIEWED

Federal court officials in Kansas are going over crack cocaine cases
that may require resentencing because of a U.S. Supreme Court decision
in December and changes in sentencing guidelines made last year.

At least two Douglas County cases are to be reviewed.

"This is only a sentencing matter; it's not going to change the
conviction," said David Phillips, who oversees federal public defender
offices in Kansas.

Earlier this month, the Supreme Court sent the cases of Maurice
Trotter and his brother, Mardell Trotter, back to the U.S. Court of
Appeals for the 10th District, which includes Kansas.

In 2005, Maurice Trotter, of Lawrence, was sentenced to 14 years in
prison for crimes that included conspiracy to distribute crack in a
school zone. His younger brother, Mardell, also of Lawrence, received
more than 26 years in prison, including about 21 years for drug
dealing and five more for a gun conviction.

The Trotters were convicted of distributing 56 grams of crack cocaine.
Under federal law passed in the 1980s during a perceived nationwide
crack epidemic, a person convicted of dealing a certain amount of
crack would be punished 100 times more seriously than somebody with
the same amount of powder cocaine.

In December, the Supreme Court ruled that federal judges have
discretion to give "reasonably" shorter prison sentences for crack
crimes to reduce the disparity with crimes involving powder cocaine.
Earlier in 2007, the U.S. Sentencing Commission reduced its crack
sentencing guidelines and eased the 100-to-1 crack-to-powder cocaine
ratio. That guideline went into effect Nov. 1 and on March 3 will be
applied retroactively, giving thousands of federal inmates a chance at
new sentences.

The Trotters' cases are among more than 200 Kansas federal cases to be
reviewed for possible resentencing, Phillips said.

"It's a fairly major effort trying to determine all of the cases that
should be looked at and then trying to determine if there is any
relief that could be granted," Phillips said.

Resentencings will be handled at the U.S. District Court level, not at
the appellate level, he said.