SENTENCES FOR CRACK-RELATED OFFENSES EASED

200 Federal Inmates in Lee Now Eligible for Release

More than 150 people convicted of cocaine offenses in federal court
in Fort Myers may be eligible for release because of a change in
sentencing disparities between crack and powder forms of the drug.

The U.S. Sentencing Commission voted in November to amend the
sentences for defendants convicted of crack cocaine offenses. In
December, the commission made the changes retroactive, thus allowing
almost 20,000 federal prison inmates to seek reductions in their
crack cocaine sentences.

In Lee County, the change, which starts today, could affect more than
200 inmates, according to Federal Public Defender Martin
DerOvanesian. About 75 percent -- or at least 150 inmates -- could be
eligible for immediate release.

The average reduced sentence will be 27 months, according to the
commission's research.

DerOvanesian said the change is important, but the distinction in
sentences between the two forms of the drug hasn't made sense.

There isn't a difference in Florida state courts.

"The state of Florida makes no distinction," he said. "It's
ridiculous."

Most defendants who are career criminals are typically prosecuted in
federal court. State and federal prosecutors usually collaborate to
determine in which court they can secure the conviction with the
longest sentence.

Also, according to the commission's research, 86 percent of the
19,482 inmates who are eligible for a reduced sentence are black, 8
percent are Hispanic and 6 percent are white.

Groups such as the NAACP have argued the differences in sentencing
are split along racial lines -- powder cocaine is typically a drug
used by whites while crack cocaine is predominantly used by blacks
and Hispanics.

Before the amendment, a defendant convicted of a crack cocaine
offense involving 1 gram of cocaine could be sentenced to the same as
a defendant convicted of a powder cocaine offense involving 100 grams
of the drug.

John Szymonik, president of the Lee County American Civil Liberties
Union, said the organization supports the change.

"We're glad to see that the courts agree there needs to be a change,"
he said. "The discrepancy is so great that the court agrees they need
to be reversed."

Chief Assistant U.S. Attorney Douglas Molloy said his office has been
working for months to anticipate which defendants will apply for a
re-sentencing. In most of the cases, he said, attorneys will agree to
a new sentence without requiring a court date and time wasted, but a
judge will have final say.

"We anticipate a majority of these will be a stipulation," Molloy
said. "There's no need for a hearing."

Prosecutors will debate some cases, Molloy said, in which defendants
who may not qualify for a reduced sentence request one.

Fort Myers Police Maj. Doug Baker said the department is concerned if
many of these convicts are released, drug activity and possibly
violent crime could increase.

"There's a lot of concern here," Baker said. "Are they going to pick
up where they left off?"