COURT VACATES 30-YEAR DRUG SENTENCE

June 30, 2000 - A Denver man's 30-year sentence for distributing cocaine
was vacated by the U.S. Supreme Court on Thursday, an action that could
portend a major upheaval in federal drug sentencing.

The court instructed the 10th Circuit U.S. Court of Appeals to reconsider
the sentence of Carless Jones in light of the Supreme Court ruling this
week that the sentencing provision of New Jersey's hate crime law was
unconstitutional.

In the New Jersey case, Apprendi vs. New Jersey, the court held Monday that
a jury must rule beyond a reasonable doubt on any fact that increases the
penalty for a crime beyond the statutory maximum.

Jones' sentence, vacated by the high court Thursday in light of that
ruling, is typical of the way drug sentencing works in the federal system.
Jones was indicted and convicted by a jury of two counts of distributing
cocaine, a crime carrying a statutory penalty of 20 years.

A portion of the law not referred to in the indictment allows sentencing
beyond that maximum if large amounts of drugs are involved. The indictment
did not specify a particular amount of cocaine, and the jury made no
finding on that question.

The presentence report informed the judge that the quantity of the drug,
165.5 grams, was enough for a life sentence. Over the defendant's
objection, the judge imposed a sentence of 30 years on each count, to run
concurrently.

The appeals court upheld the sentence, ruling that the jury had found all
the necessary elements of the offense, and that the judge could make the
findings necessary to determine the sentence.

The action came during a final day of housekeeping as the high court
concluded its term.