The U.S. Sentencing Commission’s decision [June 30th] to retroactively apply an amendment from the Fair Sentencing Act of 2010 to inmates is a potential boon for crack offenders who were hit with the old 100-to-1 sentencing guidelines before the law was passed.
The commission voted to apply the 18-to-1 crack sentencing disparity reduction — which was enacted last year after 25 years of the 100-to-1 disparity in punishment of crack offenders and cocaine offenders — to cases where inmates were sentenced before August of last year.
Laura Murphy of the American Civil Liberties Union warns that this doesn’t mean all eligible people will be freed. “Not every crack cocaine offender will have his sentence reduced,” she said in a call yesterday. But more than 12,000 people, 96 percent of whom are black and Latino, are now able to go before a judge to seek a reduction.
Judges will decide whether to reduce sentences by weighing behavior in prison, the nature of the offense, and whether a weapon was involved. Federal judge Patti B. Saris, the chair of the commission, said that they expect the average sentence reduction to be by about 3 years, and that offenders will now average around 10 years in prison.
Still, Murphy says, “what we really need is statutory retroactivity,” meaning that Congress has to vote to make the entire Fair Sentencing Act retroactive. The Sentencing Commission vote only applied certain amendments from the act retroactively — leaving things like mandatory minimums in place. “There will be efforts to eliminate the U.S. Sentencing Commission,” she says, which is why having the statute changed by Congress is critical.