CRACK COCAINE RULING AFFECTS 1,404 IN REGION

Commission Changes Sentencing Rules To Eliminate Disparity Between
Crack And Powdered Cocaine.

The U.S. Sentencing Commission voted unanimously Tuesday to apply
reduced sentences for crack cocaine offenses to 19,500 people behind
bars, a move that could have a dramatic effect on Virginia.

More than 1,400 prisoners sentenced on federal crack cocaine charges
in the Eastern District of Virginia over the past 15 years could have
their sentences cut under the new rules. That federal district -
which spans from the suburbs of Washington, D.C., to Hampton Roads -
ranks at the very top of 94 federal court districts nationwide in the
number of people who could be released early.

The seven-member Sentencing Commission voted this year to modestly
reduce a vast disparity in sentencing involving equal amounts of
crack cocaine and powdered cocaine. But the commission left unclear -
until Tuesday's vote - whether that change would apply to people
imprisoned now.

It received tens of thousands of letters on the matter in recent
months, with all manner of interest groups weighing in.

"We're extremely pleased with the decision," said Michael Nachmanoff,
federal public defender for the Eastern District. "It's a great step
in the right direction to bring some measure of fairness to this area
of the law."

Critics have long pointed out that the disparity between sentences
for the two forms has led to a racial discrepancy in sentencing for
what's essentially the same drug. Those convicted on crack cocaine
charges are more likely to be black than those convicted on powdered
cocaine offenses.

Nachmanoff said he had been optimistic before the vote but found it
"surprising and really great news" that the panel voted unanimously.
"The fact that the entire commission, including people with a
Department of Justice background, spoke with one voice means they
appreciated that this was a necessary step," he said.

The Sentencing Commission's decision coincides with two Supreme Court
cases decided Monday - which give federal judges more leeway not to
follow federal sentencing guidelines - to potentially grant a lot
more leniency toward crack cocaine defendants in federal courts than
in the past.

But the Bush administration and the Justice Department had strongly
opposed applying the reduced sentences retroactively. That was in
part because the move could take prosecutors away from other matters,
especially in areas heavily affected by the reduced sentences, such
as Virginia's Eastern District.

"Making the revised guidelines for crack cocaine retroactive will
make thousands of dangerous prisoners, many of them violent gang
members, eligible for immediate release," Craig Morford, acting
deputy attorney general, said in a written statement released after
the vote. "These offenders are among the most serious and violent
offenders in the federal system."

He said, "In addition to the threat to public safety, retroactive
application will divert valuable resources from federal courts and
prosecutors for resentencing at a time when violent crime is rising
in many vulnerable communities around the country."

About 19,500 people nationally would be eligible to have their
sentences cut an average of 27 months, according to Sentencing
Commission figures. More than 2,500 inmates nationwide could be
eligible for release within a year from the March 3 effective date of
Tuesday's decision.

But those eligible for early release would have to go before a judge
who would look at the case and make the final call.

The Eastern District of Virginia - which has court divisions based in
Newport News, Norfolk, Richmond and Alexandria - has 1,404 prisoners,
or 7.2 percent of the 19,500 total, who could get out early under
such sentencing. That outpaces federal court districts that include
New York, Los Angeles, Chicago, Washington and Miami.

Even under the new sentencing guidelines, a huge disparity between
crack and powdered cocaine sentencing still exists, though it's not
quite as drastic as before.

Under the old structure, for example, people convicted of dealing 50
grams (1.75 ounces) of crack for the first time would get 10 to 12
1/2 years, whereas someone convicted of dealing the same weight of
powdered cocaine would get only between 21 and 27 months. Under the
new guidelines, the person dealing crack would get between eight and
10 years instead - a two-year reduction - while the powdered cocaine
punishment would stay the same.

Nachmanoff, the district's public defender, said more work needed to
be done to further reduce the disparity. "Although this is a step in
the right direction, this is not a complete fix," he said. "Congress
really needs to act to reduce the penalties for crack cocaine. They
are too harsh."