SENTENCING CHANGE FOR CRACK CONVICTS HITS HOME

Nearly 200 West Michigan inmates serving time in federal prison for
crack cocaine offenses could be eligible for release in March or have
their sentences reduced.

They are among the nearly 20,000 federal inmates nationwide who could
be affected by the decision this week to take another look at
sentences that treated crack cocaine offenders, who largely are black,
more harshly than powder cocaine offenders, who predominately are white.

The U.S. Sentencing Commission voted unanimously Tuesday to allow
about 19,500 federal inmates to seek reductions in their crack cocaine
sentences.

"Typically, very, very serious crime offenders will get out sooner
and, as a law enforcement officer, I'm disappointed," said Andrew
Birge, assistant U.S. attorney for the West Michigan District.

This area began seeing federal crack convictions in the early
1990s.

U.S. Circuit Court Judge Robert Holmes Bell said Thursday there are
178 cases that could be affected by the decision in the West Michigan
district. Court officials still are looking at them to determine an
exact number.

The decision does not change the statute that requires a mandatory
minimum sentence of five years in prison for anyone convicted of
having more than 5 grams of crack cocaine.

Serving time

Between 36,000 and 37,000 federal prison inmates, out of a population
of 200,000, are serving time for crack crimes. The prisoners who are
not eligible for shorter terms either already are serving the minimum
sentence, were sentenced for possession of large quantities of crack,
or are serving time under laws that apply to career criminals.

Even after the federal commission's decision, prison terms for crack
cocaine still are two to five times longer on average than sentences
for powder cocaine -- the result of a 20-year-old decision by Congress
to treat crack more harshly.

Bell said crack more often is linked to street violence.

"By violence, I mean gang activity and weapons. Our observations are
that the cases we see anecdotally tend to be more violent and
addiction is immediate; people lose their lives," said the judge.

The change Bell and other judges would prefer to see is a focus on the
crime rather than the quantity of the drug. "We want a sentence that
is not only just, but respected by the whole community. If the public
doesn't respect it, we have a problem," Bell said.