TIME TO FREE CRACK OFFENDERS

The Group Wants the Federal System to Move Faster in Remedying
Sentencing Disparities

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 black 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 black and powder
cocaine defendants are more likely to be white.

Since March, federal courts across 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 North Carolina branch of
the NAACP, said it is clear that the courts are "foot-dragging." Court
officials in North Carolina acknowledge starting more slowly than some
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 on laws adopted in the 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 for a reduced sentence.
Judges can approve or deny the petitions on the basis of factors such
as the inmate's criminal history or behavior in prison.

In the U.S. Western District of 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."