President signs The Fair Sentencing Act to reduce inconsistency in crack cocaine sentences
The long-time debate about federal crack cocaine sentences came to a halt this year when the President signed The Fair Sentencing Act that reduces the inconsistency in crack cocaine sentences.
The distinction between crack and cocaine sentencing has been blasted by critics. Historically, 5 grams of crack triggers a mandatory sentence of five years, while it takes 500 grams of cocaine to trigger the same sentence.
Under The Fair Sentencing Act, the threshold is raised to 28 grams of crack for a mandatory five year sentence. The amount of cocaine remains the same.
Supporters of the Act have argued that the distinction between the sentences has unfairly impacted minority communities and African-American men. The difference in the mandatory sentences for crack and cocaine are contrary to the fundamental principles of equal justice.
The new law makes other sentencing changes including eliminating the five-year mandatory minimum sentence for simple possession of crack, raising the fines for major drug trafficking offenses, and increases sentences for those who use violence in connection with drug trafficking.
The new law is silent on whether it applies retroactively, but the US Sentencing Commission is being urged by supporters to apply the new law to persons arrested and sentenced prior to the law’s enactment on August 3, 2010.
What Our Clients Say
“I would recommend Mr. Freeman’s legal services to anyone! He is the perfect combination you want for your attorney, aggressive (when need be), timely, will listen to his client, and very persistent!” – Anonymous 2/11
“I would like to pass along some good news, I found out today that I will keep my job… There’s no doubt in my mind your hard work helped make that possible. Thanks for all you do and continue to fight the good fight.” – N.E. 6/19/18
“I went in for sentencing, and was given 2 years probation with no jail time. Mr. Freeman saved my life, and kept me a free man. I strongly suggest you call him, it will be the most important phone call you can make…” – Anonymous 2/11
“Mr. Freeman sets a bar that all other lawyers should aspire to. He is an expert in the field of law and his execution of client care exemplifies that. – Chris C. 9/10
“One of the things I appreciated the most about Mr. Freeman’s services is that he was honest telling what could and could not happen. He did an A1 job.” – F.T. 9/6/17