Too Few Are Freed

CRACK SENTENCING DISPARITY

Group Says Hundreds May Qualify for Release

State NAACP leaders said Wednesday that federal courts in North
Carolina have not freed enough inmates under new laws meant to reduce
the disparity in prison sentences between African American and white
drug offenders. The civil rights group sent a letter to the federal
Bureau of Prisons saying hundreds of crack cocaine offenders
prosecuted in North Carolina may qualify for immediate release, but
remain behind bars.

The issue stems from the U.S. Sentencing Commission's decision to
retroactively shorten sentences for crack cocaine offenders.
Supporters argue stiffer penalties for crack are discriminatory
because crack defendants are more likely to be African American and
powder cocaine defendants are more likely to be white.

Since March, federal courts around the country have freed more than
3,600 crack offenders or reduced their sentences. But in North
Carolina, they have shown leniency to just 27 inmates.

The Rev. William Barber II, president of the N.C. branch of the NAACP,
said it is clear the courts are "foot dragging."

Court officials in North Carolina acknowledge starting slower than
some other states, but say cases are now moving more rapidly. "I don't
see anybody dragging their heels," said Louis Allen, federal public
defender for the Middle District of North Carolina, which stretches
from Winston-Salem to Durham.

The issue centers around laws first adopted in 1980s that mandated a
minimum five-year prison sentence for possessing 5 grams of crack
cocaine, about the equivalent of five sugar packets. A suspect would
have to possess 500 grams of powder cocaine to get the same sentence.

Under the new guidelines, inmates can petition the court for a reduced
sentence. Judges can approve or deny the petitions based on factors
such as the inmate's criminal history or behavior in prison. In the
U.S. District Court of Western North Carolina, which covers Charlotte,
414 inmates have applied for early release. So far, nine have been
freed and one had his sentence reduced. Eight petitions have been
rejected by the court.

Barber, the NAACP leader, said he is upset because federal courts in
other states released hundreds of inmates the first week the new
guidelines took effect last month.

Court officials in North Carolina say they understand the frustration,
but note that the state has one of the highest caseloads in the
country to review. At least 1,461 inmates prosecuted in North Carolina
are eligible to apply for a reduced sentence, the federal government
says. "We are all doing the best we can," said Frank Johns, clerk of
the U.S. District Court for Western North Carolina. "Hopefully, the
system is responding as quick as it can."