Adjusted crack sentences to be applied retroactively

In the past, the difference between the drug crimes sentencing of cocaine and crack was a legal and political talking point that demonstrated the unfairness of treating two similar illegal drugs differently based on the users of the drugs. Under the Obama Administration the sentencing laws addressing crack cocaine were rewritten but did not affect those currently in prison for crack cocaine crimes. Recently, the United States Sentencing Commission voted to retroactively reduce the prison terms of prisoners serving time for crack cocaine.

Because of the U.S. Sentencing Commission’s decision last week to retroactively ease crack cocaine sentences, thousands of prisoners could see their time in prison reduced by several years. As many as 12,040 prisoners could be affected. Inmates first sentenced in 1991 and beyond for crack cocaine crimes could apply for the reduced sentences.

Under the old law, an individual possessing five grams of crack faced a minimum prison term of five years. Possession of 50 grams brought a minimum of 10 years. In comparison, possession of 500 grams and 5,000 grams of powder cocaine brought minimum terms of five years and 10 years respectively. The harsher crack cocaine sentencing law was designed as a disincentive in more violent urban areas. It was also believed that crack cocaine was more addictive than powder cocaine.

Research demonstrated crack cocaine was no more addictive than powder cocaine and the difference in sentence terms created allegations of racism. The majority of people serving time for crack are black and the majority of those serving time for cocaine are white or Latino.

Under the new law an individual possessing 28 grams of crack cocaine faces five years and someone possessing 280 grams of crack faces 10. The sentencing terms for powder cocaine remain the same.

Federal judges will decide the approval of reduced sentences on a case-by-case basis. Factors such as whether the prisoner has been rehabilitated or deemed dangerous will be considered. On average sentences will be reduced by about three years.

Source: The Wall Street Journal, “Lower crack sentences to apply retroactively,” Gary Fields, 7/1/11

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

Digital Evidence in Sex Crime Cases: How Your Online Activity Can Be Used Against You in Minnesota

Prosecutors in Minnesota use digital evidence in sex crime cases to connect suspects to crimes. They analyze the chronological order of online events and statements to show intent, motive, or premeditation. The common types of evidence used in sex crime investigations include direct, actual, and circumstantial evidence.

Can You Be Charged With a DUI If You’re Sleeping in Your Car in Minnesota?

One of the questions DUI lawyers in the state often answer is: Can you be charged with a DUI if you’re sleeping in your car? You can face DUI charges in Minnesota even if you are not actively operating your car. The “physical control” law states that anyone with the capacity to drive a vehicle while intoxicated can get arrested and charged with DUI.

How Prosecutors Use Text Messages in Minnesota Drug Cases

Prosecutors use text messages in Minnesota drug cases to prove circumstantial evidence. Text messages can prove intent or motive to distribute drugs. Knowing how your text messages may be used against you in a drug crime case can help you plan an effective defense strategy. That’s why you should involve a Minnesota drug crime attorney immediately after you get arrested, charged, or discover the police are investigating you for a drug crime. Your lawyer can carefully examine your text messages and determine the best way to counter the prosecution’s case.