SEVEN CRACK DEALERS CAN BE FREED UNDER SENTENCING RULES

New Guidelines Allow Early Release For Others

It might appear that convicted crack cocaine dealer Carl Chester drew
an unlucky sentencing date when he was nailed with a 22-year prison
term, one day before the U.S. Sentencing Commission voted unanimously
to allow lower sentencing ranges for some dealers.

Crack cocaine dealers who are found in possession of 5 grams or more
face a mandatory minimum sentence of five years in prison. Although
the mandatory minimum sentences remain, the commission ruled that
imprisoned traffickers sentenced to longer terms are eligible to seek
reductions of no more than two years.

According to an impact report released by the commission, seven
convicted crack cocaine dealers from Nevada are eligible to be
released from prison immediately as a result of the decision. The
Department of Justice was unable to provide the names of those set to
be released.

And beginning March 3, 59 Nevada traffickers can seek to decrease
their prison sentence. But Chester will not be one of them.

The new guidelines do not pertain to traffickers who deal large
quantities of crack cocaine or are considered career criminals.

Chester, who was found guilty in April of distributing about 7 ounces
of crack cocaine, has a lengthy criminal record, according to the
U.S. attorney's office.

Although Chester was sentenced a day before the new guidelines were
formally approved, U.S. District Judge Robert Jones took them into
account when levying the prison term, according to the U.S. attorney's office.

So far, there have been no requests to lessen sentences of eligible
inmates, said Natalie Collins, spokeswoman for the U.S. attorney's office.

According to a report released by the Sentencing Commission, four
Nevada crack cocaine dealers will be released in one year; 11 will be
freed in two years; six will be released in three years; eight will
be released in four years; seven will be freed in five years; and 16
will be required to spend six years or more in prison.

Of the 94 federal judicial districts, Nevada ranks in the bottom 20
for incarcerated drug dealers eligible for sentence reductions.

The commission's decision followed two U.S. Supreme Court rulings
that supported judges who believed sentencing guidelines for crack
cocaine were too severe.

These sentences are still two to five times longer than those who
deal powder cocaine, a fact that introduced racial overtones to the
issue. Four of every five convicted crack cocaine dealers are black;
powder cocaine traffickers are predominantly white.

A dealer who is caught in possession of 5 grams of crack receives the
same mandatory minimum sentence -- five years -- as a dealer busted
with 100 grams of powder cocaine.

The commission's new ruling does not affect the mandatory minimum
sentences but allows judges more flexibility in the number of years
of imprisonment they levy.

"This decision was well overdue," Allen Lichtenstein, an attorney for
the American Civil Liberties Union of Nevada, said, noting the
difference in the prison terms of those convicted for powder cocaine
and those convicted for crack cocaine.

"The wildly disparate sentencing, if not necessarily intended, had
the effect of having a racial disparity which was not justified and
had nothing to do with the crime itself."

The U.S. attorney's office in the District of Nevada referred
questions to the Department of Justice.

Acting Deputy Attorney General Craig Morford said in a statement that
authorities have serious concerns about the early release of crack dealers.

"Making the revised guidelines for crack cocaine retroactive will
make thousands of dangerous prisoners, many of them violent gang
members, eligible for immediate release," Morford said. "These
offenders are among the most serious and violent offenders in the
federal system."

There also are concerns about adequately preparing the probationary
and supervisory process before the seven Nevada inmates are released.
The Bureau of Probation and Parole typically has months to set up the
process before an inmate's release.

During a recent news conference, U.S. Attorney General Michael
Mukasey was asked why he opposed the new guidelines.

"The opposition points are numerous," he said, according to
transcript provided by the U.S. Attorney's office. "Principal among
them, I think, is the fact that each of the cases that was handled
under those guidelines was handled on the assumption that there was a
certain regime in place for sentencing. Whether you agree with it or
not, it was there.

"And the cases were planned around that assumption. To change that
after the fact would, in a sense, be unfair because it would undo a
lot of decisions that might have been made otherwise had those
guidelines not been in place."

The commission's decision does not have to be approved by Congress,
but Congress can move to block the new act, according to the
Department of Justice.