U.S. PANEL TO URGE CHANGE IN CRACK PENALTIES

WASHINGTON -- The U.S. Sentencing Commission will recommend Congress
close the gap in punishment for possession of crack vs. powder
cocaine.

Federal law now calls for dealers caught with 5 grams of crack to get
the same prison term -- a mandatory minimum of five years -- as those
caught with 500 grams of powder.

Critics say the 100-to-1 differential disproportionately affects
minorities because crack cocaine is linked more to urban areas.
Supporters of the status quo say crack is a more serious drug and
should be treated so.

The commission, which develops sentencing guidelines for federal
judges, will recommend next month that Congress raise to 25 grams the
amount of crack that a dealer would have to have to trigger the five-
year mandatory minimum prison sentence.

Advocates for the change wanted the seven-member commission to be
more aggressive by sending an amendment to Capitol Hill as opposed to
a recommendation. An amendment would have become law if Congress
failed to reject it by Nov. 1.

''Some have said the commission could bring either heat or light, or
both, to this issue,'' said commission Chairman Diana Murphy, a
federal judge from Minneapolis.

''We have decided we can do best to bring light as opposed to heat at
this point.''

Some lawmakers have suggested narrowing the punishment gap by
increasing penalties for powder cocaine. Murphy said the commission
hopes lawmakers resist that idea.

Momentum had been building at the commission and among lawmakers for
the commissioners to force a change in the penalties. But last month,
the Bush administration insisted on the status quo.

Deputy Attorney General Larry Thompson told commissioners that crack
traffickers should be treated more harshly than other drug dealers
because of their penchant for violence and the toll crack has taken
on minority communities.

Sen. Jeff Sessions, R-Ala., a former federal prosecutor, disagrees.

''The punishment for crack is too heavy,'' he said. ''Five grams is
the weight of one nickel. In state court, five grams would get
probation.''

Under a proposal by Sessions and Sen. Orrin Hatch, R-Utah, a dealer
would have to be caught with 20 grams of crack to trigger a five-year
mandatory prison term.

The bill also would be tougher on powder cocaine dealers, making them
eligible for the five-year sentence if caught with 400 grams.