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Crack Sentencing Reform Means 12,000 Early Releases

Crack Sentencing Reform

JESSICA GRESKO and JOHN O'CONNOR   11/ 1/11 09:12 PM ET   AP

SPRINGFIELD, Ill. — Antwain Black was facing a few more years in Leavenworth for dealing crack. But on Tuesday, he returned home to Illinois, a free man.

Black, 36, was among the first of potentially thousands of inmates who are being released early from federal prison because of an easing of the harsh penalties for crack that were enacted in the 1980s, when the drug was a terrifying new phenomenon in America's cities.

"I did more than enough time," Black said outside his family's Springfield, Ill., home, where family and friends had gathered to celebrate over dinner. "I feel like I can win this time. I'm a better man today than I was then."

The 1980s-era federal laws punished crack-related crimes much more severely than those involving powdered cocaine – a practice criticized as racially discriminatory because most of those convicted of crack offenses were black.

More recently, the penalties for crack were reduced to bring them more in line with those for powder, and Tuesday was the first day inmates locked up under the old rules could get out early.

Some 12,000 prisoners are expected to benefit from reduced sentences over the next several years, with an estimated 1,900 eligible for immediate release as of Tuesday. On average, inmates will get three years shaved off their sentences. The reductions do not apply to people found guilty of crack offenses under state laws.

Black said like many of his peers, he started smoking crack in high school and began selling it partly to support his habit. He said he was a low-level dealer and that he didn't realize the mandatory minimum sentence he faced when he pleaded guilty in 2003 and was given a 15-year prison term.

With changes in the law, good behavior and credit for time served in jail, he was freed from the federal penitentiary at Leavenworth, Kan., after 8 1/2 years locked up for the crime. His projected release had been Oct. 3, 2013.

"I didn't think it was fair and I still don't think it's fair now," Black said. "I know guys who aren't coming home, still, because of these laws that were placed upon a certain race of people," he said.

Kentucky inmate Darryl Flood, 48, thought he would have to wait until 2013 to get out of prison, more than a decade after he pleaded guilty to conspiracy to distribute crack. But on Monday a judge approved his release two years ahead of schedule.

Susan Cardwell, his sister in Haymarket, Va., said she was expecting him to arrive on a bus on Wednesday. She said she cried after getting a call from his lawyer with the news.

"He wants to get out, get a job and get his life back together," she said in a telephone interview. "He says he'll work two jobs if he has to."

Under the old system, a person convicted of crack possession got the same mandatory prison term as someone with 100 times the amount of powdered cocaine. Five grams of crack, about the weight of five packets of Sweet N'Low, brought a mandatory five years; it took 500 grams of powder to get the same sentence.

The law was seen as racially unfair because blacks made up the majority of people convicted of crack crimes, while whites were more likely to be found guilty of offenses involving powdered cocaine.

In 2010, Congress reduced the disparity in sentences for future cases. Last summer, the U.S. Sentencing Commission decided to apply the measure to inmates doing time under the old rules.

Chris Burke, a spokesman for the Federal Bureau of Prisons, said that he could not say exactly how many people would be let out Tuesday but that officials were working around the clock to process hundreds of orders from judges granting early release. In certain cases, prison officials have been given a grace period of several days to free inmates, Burke said.

The releases are the result of months of work by prosecutors, public defenders and judges across the country. Inmates' requests for sentence reductions were decided on a case-by-case basis, with courts taking into consideration such factors as the prisoner's behavior behind bars and threat to society.

In San Antonio, the federal public defender's office reported that it had about 15 to 20 inmates eligible for immediate release. In St. Louis, the office said it submitted 30 to 50 petitions asking for inmates to be set free right away.

In the eastern district of Virginia, which has the highest number of affected inmates anywhere in the country, public defender Michael Nachmanoff said that judges had ordered the immediate release of about 75 people.

Black, who earned a high school equivalency diploma and college credits behind bars, likes to cook and hopes to open a restaurant.

"It's a blessing just to see them smile, for me to be home" he said, referring to the friends and family who welcomed him home. "It lets me know I am loved. It's been a long ride, too. It's been a while. They held fast for me. I've got a lot of people counting on me so I've got to fly right this time."

___

Jessica Gresko contributed from Washington.

 
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04:58 PM on 11/01/2011
most of these Crack heads were convicted on selling large amounts of crack cocaine and violent behavior along with weapons. Dont worry they wont jump right back into it, maybe they can occupy wall street!!! yea
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NOBSJUSTFACTS
born, grew up, got old
01:08 AM on 11/02/2011
its the same drug idiot!
04:51 PM on 11/01/2011
Why not just increase the sentence guidelines to a mandatory five years for powdered cocaine? Huh?
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HUFFPOST SUPER USER
Rob Cypher
somebody you might know
06:32 PM on 11/01/2011
Because then a lot of rich folks would go to jail! ;)
04:45 PM on 11/01/2011
It's about time with this small step in the right direction. This idiotic and insane drug war needs to end. The only ones benefiting are those employed in the resulting police state like system from the DEA and police to prosecutors, jailers, etc. Prohibition didn't work back in the 1920's and it's not working now.
04:03 PM on 11/01/2011
Of course someone would make this a racial thing. Crack is crack, white is white and black is black. Both use, sell and abuse. Many are ready to come out because they have in fact learned a memorable lesson, those who have not will be right back in.
03:26 PM on 11/01/2011
So I first saw this and was like WOW! First things first HP, get your paraphernalia correct. You post a topic about CRACK COCAINE and present the topic picture with a POT PIPE. Who is your Editor?
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HUFFPOST SUPER USER
swooth
truthtellr
03:48 PM on 11/01/2011
Is that all you got out of the posting?
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HUFFPOST SUPER USER
Rob Cypher
somebody you might know
06:28 PM on 11/01/2011
No, I also got that AOL doesn't do proper research when it comes to its drug stories.
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HUFFPOST SUPER USER
HockeyMom
I was here before SP and will be long after her.
12:36 PM on 11/01/2011
About time. We all know the laws were discriminatory. There is no need to lock up a generation of men and women. It's much cheaper to offer help and much better for society at large.
12:47 PM on 11/01/2011
No we don't all know that. Didn't the law apply to everybody who was convicted?
02:25 PM on 11/01/2011
I believe the problem was that blacks who abused cocaine were more likely to be caught with 'crack', while whites who abused cocaine were more likely to have the powdered form. Legally, cocaine in a smokeable form was treated much worse than an equal amount of powdered cocaine. This created a sentencing disparity that resulted in blacks being much more likely to be thrown in prison for long sentences while whites got probation or got off relatively lightly for the same amount of cocaine.
02:12 PM on 11/01/2011
Its not like it was a secret that crack had longer sentences . They knew and chose to commit the crime anyway then played the race card when they got caught . Crack had longer sentences because of the violence associated with those dealing it .
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HUFFPOST SUPER USER
swooth
truthtellr
02:42 PM on 11/01/2011
Seriously! Do you really believe people using drugs will STOP what they are doing and THINK this will give me a longer prison sentence? Or before they start drugs and make a selection. You can't be that naive. If both are cocaine, why not have equal sentences? Race card white or Black won't have to be played.
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03:12 PM on 11/01/2011
It was no secret to the ones that were enforcing the law, locking up users as if they were kingpins. That makes more sense than what you said. It's not like all drug users carry around a manual, like a fisherman might do to know the size limits. It's all illegal, so who really cares how much besides the law. This is a big reason law is not well respected.