CRACK INMATES CAN SEEK EARLY OUT

U.S. Attorney Opposes

Disparities Between Crack, Powder Cocaine Penalties
Debated

Hundreds of federal inmates convicted of crack cocaine crimes in the
Charlotte region can apply Monday for reduced sentences. The U.S.
Sentencing Commission in December retroactively lowered punishment for
some inmates to narrow disparities in penalties for crack versus
powder cocaine. The decision means about 800 inmates convicted in
Western North Carolina -- the vast majority in Charlotte -- can
petition the courts for early release. Some 175 had filed for sentence
reductions as of last week although the commission's ruling had not
taken effect.

In most cases, inmates could have 13 to 16 months knocked off their
sentences, said Frank Johns, clerk of the U.S. District Court for
Western North Carolina.

But Johns said court officials anticipate only a fraction will go free
early. Judges can deny petitions on factors such as the inmates
criminal history or behavior in prison.

"There are only 100 or so who fit into that small window," Johns said.
The Bush administration and local U.S. Attorney Gretchen Shappert
oppose the sentence reductions, saying it would put dangerous
criminals back on the streets. Some federal lawmakers support the move
and have proposed legislation that eliminate distinctions in the law
between crack and powder cocaine. The debate centers on drug laws
first adopted in the 1980s that carry a minimum five-year prison
sentence for possession of 5 grams of crack -- about the size of five
sugar packets. A person would have to possess 500 grams of powder
cocaine to get the same penalty.

Civil rights leaders, some judges and others say the disparity is
unfair because crack defendants are more likely to be African
Americans and powder cocaine defendants are more likely to be white.

"There is a perception that the system is not colorblind," said Mary
Price, vice president of Families Against Mandatory Minimums, a
Washington-based advocacy group. "Trust in the criminal justice system
is damaged." Shappert testified before the Sentencing Commission in
November that releasing crack offenders early would harm efforts to
reduce violence in Charlotte and elsewhere.

"Crack dealing is not a victimless crime," she said. "It holds entire
communities hostage."

More than 19,000 inmates nationwide are eligible to petition the
court, including 1,508 who can apply for immediate release. It was not
immediately known how many Western North Carolina inmates would be
eligible to go free Monday. A report the Sentencing Commission sent to
Congress says 89 percent of crack offenses were nonviolent.

But in her testimony to the Commission, Shappert pointed to Grier
Heights, a predominantly African American neighborhood in east
Charlotte. Prosecutors convicted more than 70 crack dealers using
tougher crack-cocaine laws since the 1990s, she said. They were
sentenced on average to more than 16 years in prison, Shappert said.

The convictions help reduce gunfire and allow neighbors to feel safe,
she said, adding "when I interviewed witnesses in Grier Heights,
neighbors came out of their homes to shake my hand."

Most African Americans, however, are in favor of the decision to
reduce sentences for crack offenses, said Larry James, pastor of Grier
Heights Presbyterian Church.

James said there should be no difference between crack and powder
cocaine penalties, but worries what will happen to ex-offenders when
they are released. The elimination of manufacturing jobs and social
outreach programs will make opportunities for self-improvement scarce,
he said. "It's hard when someone can make $500 for being a drug
lookout," James said. "How long does it take to make $500 at
McDonald's."

Judges and probation officers will review the backgrounds of inmates
who petition for early release, Johns said. If they agree the prisoner
qualifies for a reduced sentence, judges will issue an order with a
new release date, he said. The court will hold hearings if a defendant
challenges a judge's decision to deny a petition. Johns said courts
officials anticipate there will be hearings in 10 percent to 20
percent of the cases.