Chicago Criminal Attorney Comments on the Decrease in Sentencing Disparity

This Chicago Criminal attorney has posted here and here about sentencing disparities.  While the changes are way overdue, finally there’s less disparity in sentencing for drugs than there was before.

From The U.S. Sentencing Commission:

U.S. SENTENCING COMMISSION PROMULGATES PERMANENT AMENDMENT

TO THE FEDERAL SENTENCING GUIDELINES

COVERING CRACK COCAINE, OTHER DRUG TRAFFICKING OFFENSES

Also promulgates amendments regarding firearms and other offenses

 WASHINGTON, D.C.― Today the United States Sentencing Commission promulgated amendments to the federal sentencing guidelines covering drug trafficking offenses, firearms offenses, and other federal offenses.  

 The Commission promulgated a permanent amendment implementing the provisions of the Fair Sentencing Act of 2010 (Pub. L. No. 111–220).  The Fair Sentencing Act, signed by the President on August 3, 2010, among other things, reduced the statutory mandatory minimum penalties for crack cocaine trafficking and eliminated the mandatory minimum sentence for simple possession of crack cocaine.  Specifically, the Act reduced the statutory penalties for offenses involving manufacturing or trafficking in crack cocaine by raising the quantities required to trigger statutory mandatory minimum terms of imprisonment — from 5 grams to 28 grams for a five-year mandatory minimum and from 50 to 280 grams for a 10-year mandatory minimum. The Act also contained directives to the Commission to review and amend the federal sentencing guidelines to account for certain aggravating and mitigating circumstances in drug trafficking cases to better account for offender culpability. 

 

Is there still disparity?  Absolutely.  Is that disparity still to great?  Yes.