A first-time crack-cocaine conviction should mean a lower federal minimum sentence than under current guidelines, according to a judicial agency that has raised concerns about a disparity in punishment for people caught with crack or powder cocaine.
The U.S. Sentencing Commission voted to lower the recommended sentencing range for those caught with 5 grams or more of crack cocaine from 63 months to 78 months to a range of 51 months to 63 months. Those with at least 50 grams should serve 97 months to 121 months in prison, not 121 months to 151 months, as the guidelines now say, the commission said late Friday.
At issue is a 1986 law that includes what critics have called the 100-to-1 disparity: Trafficking in 5 grams of cocaine carries a mandatory five-year prison sentence, but it takes 500 grams of cocaine powder to warrant the same sentence.
This is the fourth time the commission, an independent agency in the judicial branch, has recommended that Congress narrow the sentencing gap. Previous recommendations, which were not adopted, have included raising the penalties for powder cocaine and lowering them for crack.
http://news.yahoo.com/s/ap/20070428/ap_on_re_us/crack_cocaine_sentences