SHORTCOMING SEEN IN NEW DRUG SENTENCING GUIDELINES

Failure to make shorter crack sentences retroactive criticized.

WASHINGTON - Congress approved the biggest change in sentencing
guidelines for crack cocaine in the last 20 years this week, but
advocates are still pressuring lawmakers for more equitable sentencing.

Before the guideline changes, distributing or purchasing five grams
of crack - equivalent to five sugar packets - triggered a mandatory
five-year prison sentence. It took distributing about 500 grams of
powdered cocaine for the same sentence. With the new guideline
changes, nearly 80 percent of defendants convicted of federal crack
cocaine offenses will face sentences 16 months shorter on average.

The change went into effect Thursday after Congress did not object to
a list of amendments proposed by the U.S. Sentencing Commission,
including one that would lower crack sentences by about 10 percent.
The amendment was not made retroactive, so thousands of current crack
offenders will not benefit from the change.

Julie Stewart, president of Families Against Mandatory Minimums, said
that nearly 20,000 crack offenders could have had their sentences
reduced an average of two years or more if it had been made
retroactive.

Her organization plans to urge lawmakers to add an amendment to make
the guideline retroactive.

"Hundreds of our members have written letters to Congress telling
them why this amendment should be made retroactive," Stewart said.
"There is a huge racial disparity in sentencing for crack cocaine in
our legal system and it needs to be corrected."

Last year, more than 82 percent of crack defendants sentenced were
black. That compares to less than 14 percent for blacks sentenced for
possession of powdered cocaine.