Category Archives: CRACK SENTENCING REFORM

Crack Reform Signed into Law by President Obama

Written on August 4, 2010 by Howard Weiner in Alternatives to Prison, CRACK SENTENCING REFORM, Drug Defense, Recent Developments in the Law, Sentencing Guidelines

On Tuesday, August 3, President Obama signed the Fair Sentencing Act of 2010.  As I discussed in prior postings, this law represents the first time that a mandatory minimum sentence (in this case, for simple possession of crack) has been repealed since the Nixon Administration.  Although long overdue, Congress and President Obama should be applauded [...]

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Bill Addressing Disparity In Crack Guidelines In Obama’s Hands

Written on July 28, 2010 by Howard Weiner in CRACK SENTENCING REFORM, Drug Defense, Recent Developments in the Law, Sentencing Guidelines

With the passage of the Fair Sentencing Act of 2010 today by the House of Representatives, it is now headed to President Obama’s desk for certain signature within the next 10 days.
The Fair Sentencing Act will:

Replace the 100-to-1 ratio with an 18-to-1 ratio;
Raise the threshold for mandatory minimum sentences (28 grams would trigger a 5-year [...]

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Congress Poised To Amend 100:1 Disparity In Crack Guidelines

Written on July 27, 2010 by Howard Weiner in Alternatives to Prison, CRACK SENTENCING REFORM, Drug Defense, Recent Developments in the Law, Sentencing Guidelines

the Federal Sentencing Guidelines contain a 100:1 disparity between crack and powder cocaine. This legislation would:

1. reduce the current crack/powder disparity from 100:1 to 18:1;

2. eliminate a mandatory minimum sentence for simple possession (the threshold for a 5 year mandatory minimum would increase from 5 to 28 grams of crack; and

3. lower sentences of approximately 3,000 people each year and save the government an estimated $42 million in the first five years.

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