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Criminal Law

: Sentencing Law and Policy

Another court exressly embraces 1-to-1 sentencing ratio for all crack sentencings

By Douglas A. Berman

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While Congress is in the midst of considering how to adjust the mandatory minimum statutory sentencing terms for crack offenses (background here and here), another federal district judge earlier this week formally explained in US v. Greer, No. 6:09-CR (E.D. Tex. Mar. 30, 2010) (available here), that he "will use a 1-to-1 ratio for this and all future crack cocaine cases, and mitigating and aggravating factors under 18 U.S.C. § 3553(a) affecting sentencing will be separately considered on a case-by-case basis." I learned of this Greer ruling thanks to this posting via the Dallas Morning News, which also reported on additional federal judges who have adopted this approach in other parts of Texas: While Congress works on legislation to correct the historic inequity in federal crack cocaine sentencing -- a person convicted of crack cocaine possession gets the same mandatory jail time as someone with 100 times the same quantity of powder cocaine -- federal judges have begun to mete out their own fairer sentences...continue to full post

Full post as published by Sentencing Law and Policy on April 02, 2010 (boomark / email).

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