The Umansky Law Firm

New sentencing guidelines will lead to the release of at least a dozen federal inmates incarcerated on crack-cocaine charges. But approximately 1,600 inmates are currently eligible to ask for reduced sentences because of a decision in December by a federal agency to make retroactive reduced sentences for some crack-cocaine related convictions. The decision may eventually affect tens of thousands of imprisoned felons.

The decision was based on the stark differences in sentencing for powder cocaine violations and crack cocaine violations. One example of the sentencing differences is that a person with ONE gram of crack cocaine would receive the same sentence as someone with 100 grams of powder cocaine.

Those advocating sentencing reform, such as the Families Against Mandatory Minimums, argue that such a ratio is discriminatory, and they point to a racial issue associated with the disparity in sentencing. The group claims that many of those found with crack are African-American, while powder users are mostly white.

Since the Sentencing Commission action, lawyers around the nation have been working vigorously to file motions for many of those eligible so they could be released as close to March 3 as possible if judges approve.