Rethinking cocaine sentences

WASHINGTON — In response to a Supreme Court ruling, the U.S. Sentencing Commission voted unanimously Tuesday to allow about 19,500 federal prison inmates to seek reductions in their crack cocaine sentences.

In two decisions Monday, the Supreme Court upheld judges who rejected federal sentencing guidelines as too harsh and imposed more lenient prison terms, including one for crack offenses. Under earlier guidelines, a crack seller got the same sentence as someone who sold 100 times as much powder cocaine.

The sentencing commission, which sets guidelines for federal prison sentences, decided to make retroactive its recent easing of recommended sentences for crack offenses. New guidelines took effect Nov. 1.

Roughly 3,800 inmates could be eligible for release from prison within a year after the March 3 effective date of Tuesday’s decision. Federal judges will have the final say whether to reduce sentences.

The seven-member commission took note of objections raised by the Bush administration, but said there is no basis to treat convicts sentenced before the guidelines were changed differently from those sentenced after the change.

Inmate family representatives and other advocates had said a Supreme Court decision on Monday could only improve chances the commission would address the long-criticized disparity in sentences for crack and powder cocaine offenses. Crack is predominantly used by blacks; powder cocaine, predominantly by whites.

The administration restated its opposition to the easing on Tuesday before the commission voted.

“Our position is clear,” said Attorney General Michael Mukasey at a news conference. “We oppose it.”

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