CRACK RELEASES MAY DOUBLE

Several Convicts Might Be Let Out Soon Under New Cocaine-Sentencing Rules

The number of crack-cocaine dealers and users who could be released
early from federal prison has nearly doubled from initial estimates,
local officials now say.

Last year, the U.S. Sentencing Commission announced new, retroactive
sentencing guidelines for the drug offenders that could mean early
release for 224 federal inmates who were sentenced in the U.S.
District Court for southern Ohio, which includes Columbus, Dayton and
Cincinnati.

Since then, a review of offenders' files pushed the number up to 439
inmates, federal public defender Steve Nolder said. And of those, 85
could be released in the next few weeks.

"A lot of these people will get released pretty quickly," Nolder said.

The federal change was prompted by years of outcry that sentencing
guidelines for crack cocaine are racist and unfair when compared with
those for powder cocaine.

About 85 percent of those convicted of crack-cocaine crimes are black.

Previously, drug dealers could be sentenced to 20 years in prison for
having 5 grams of crack cocaine, the same as the penalty for 500
grams of powder cocaine. The new guidelines don't completely erase
that disparity, but they bring crack and powder cocaine sentences
closer. Besides the weight of the drugs involved, dozens of factors
influence sentences, including past arrests and whether a gun was
used in the crime.

Local U.S. attorneys are working with public defenders but aren't
agreeing to release all those who are eligible, said William Hunt,
first assistant U.S. attorney.

"We're concerned in general about the danger to the community," he said.

The government is objecting to a release if a gun was used in the
drug crime, if the offender has a lengthy criminal history or if he
or she caused problems in prison, Hunt said.

On Friday, federal judges finalized new procedures so that those
eligible can be freed when the sentencing changes go into effect March 3.

For example, judges determined that the cases will be reviewed in
order of the inmates' release dates, said U.S. District Judge Edmund
A. Sargus Jr. Inmates who aren't scheduled to be released for a few
years will have to wait a few months to hear if they could be affected.

And all inmates will be placed on supervised release, he said.

"They will be monitored, drug-tested and watched for new offenses,"
Sargus said.

That's not enough, say officials with the National Fraternal Order of Police.

A couple of weeks ago, the police union called for Congress to
reverse the commission's order, saying it's not "good public policy
to release en masse crack dealers and drug offenders into our neighborhoods."

Local police say they are the ones who will have to deal with a spike
in crime they anticipate as early as spring.

"If they were brought up on a federal charge, there was a reason.
It's usually due to the seriousness of the crime," said Jim Gilbert,
president of the FOP Capital City Lodge No. 9.

"I can guarantee you all 85 won't be in church on Sunday morning. ...
They will be back out with their old friends."