March 28, 2008
Will Federal Early Release of Some Crack Offenders Strain Our Already Overwhelmed Law Enforcement Officers?
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – During Monday’s evenings meeting of Huntington City Council, a citizen expressed concern about a federal sentencing reduction. Based on a 2005 U.S. Supreme Court decision, this month thousands of prisoners convicted of crack cocaine offenses began petitioning courts for early release.
The Kimbrough v. U.S case involved a Persian Gulf veteran with no prior criminal convection given a sentence less than minimal federal guidelines. Investigation showed a disparity in sentences for crack and powdered cocaine possession. 82% of those sentenced in federal court for crack possession were African American; 27% of those sentenced for powder cocaine were African American, according to 2006 sentencing statistics.
Returning to the concern expressed to council, how many crack cocaine users/dealers will be returning to the streets of Huntington, which is already drowning in drug crimes?
Huntington Police Chief Skip Holbrook did not know the number of local federally incarcerated felons who will ultimately be released. But he disfavored the early releases and softening of drug sentences. “All drug penalties should be stiff,” said Holbrook following the council meeting. “We should not lower penalties, if anything we should enhance them.”
The impact of the federal decision on Huntington’s streets remains “to be determined,” according to Holbrook. “It’s not going to help. They are early releasing thousands of violence drug offenders.”
The Supreme Court decision on Derrick Kimbrough of Norfolk, Virginia led to the “disproportionate sentencing” ruling appears an instance where a sentencing judge gave a formerly conviction free vet a five year sentencing break. Judge Raymond Jackson sentenced Kimbrough to 15 years where the guidelines called for 19 to 22.5 years behind bars.
Michael Nachmanoff’s attorney at the time of the Supreme Court ruling in 2005 told reporters, “A sentence of 19 years for a man with no felony convictions who served his country honorably, who had never spent a night in jail… that was ridiculous.”
Negating the record of Derrick Kimbrough, the racial and economic demographics led to the sentencing disparities. Crack dealers often received longer prison terms since it is sold on the streets in urban and minority communities. The powdered version according to federal guidelines is commonly associated with higher-income users.
Does the early release represent another example of bureaucratic jumbles which involved a judge’s discretion to give a first time offender a break that opened the jail house doors to thousands of others?
Ironically, the selling process itself suggests differences in, not simply the substance, but how the dealer commits the crime. Essentially, the urban dealer has crack houses and recruits buyers off the streets. Their customers can be anyone, but the urban scenario catches lots of lower income addicts who resort to prostitution, shoplifting, and robbery to support their habits.
Law enforcement has often stated that most of the area’s serious crimes have a relationship to drug usage. The Bunny Holmes accessory before the fact to the murder of addict/prostitute Wendy Morgan provides an example of crack dealing leading to the dark side.
But, the economic status and selling venue issue nearly make a case for legalization of certain vices. Although the sales may be less disruptive to the public peace, those higher income users of powder cocaine commit the same crimes. The results may not be armed robbery, but how many mortgage payments are missed or savings for a child’s higher education depleted by higher income cocaine addicts?
These arguments could be made regarding already legalized activities, such as casino gambling and alcohol abuse. Many behaviors taken to obsessive extremes lead to negative societal and moral consequences.
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Will Federal Early Release of Some Crack Offenders Strain Our Already Overwhelmed Law Enforcement Officers?
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – During Monday’s evenings meeting of Huntington City Council, a citizen expressed concern about a federal sentencing reduction. Based on a 2005 U.S. Supreme Court decision, this month thousands of prisoners convicted of crack cocaine offenses began petitioning courts for early release.
The Kimbrough v. U.S case involved a Persian Gulf veteran with no prior criminal convection given a sentence less than minimal federal guidelines. Investigation showed a disparity in sentences for crack and powdered cocaine possession. 82% of those sentenced in federal court for crack possession were African American; 27% of those sentenced for powder cocaine were African American, according to 2006 sentencing statistics.
Returning to the concern expressed to council, how many crack cocaine users/dealers will be returning to the streets of Huntington, which is already drowning in drug crimes?
Huntington Police Chief Skip Holbrook did not know the number of local federally incarcerated felons who will ultimately be released. But he disfavored the early releases and softening of drug sentences. “All drug penalties should be stiff,” said Holbrook following the council meeting. “We should not lower penalties, if anything we should enhance them.”
The impact of the federal decision on Huntington’s streets remains “to be determined,” according to Holbrook. “It’s not going to help. They are early releasing thousands of violence drug offenders.”
The Supreme Court decision on Derrick Kimbrough of Norfolk, Virginia led to the “disproportionate sentencing” ruling appears an instance where a sentencing judge gave a formerly conviction free vet a five year sentencing break. Judge Raymond Jackson sentenced Kimbrough to 15 years where the guidelines called for 19 to 22.5 years behind bars.
Michael Nachmanoff’s attorney at the time of the Supreme Court ruling in 2005 told reporters, “A sentence of 19 years for a man with no felony convictions who served his country honorably, who had never spent a night in jail… that was ridiculous.”
Negating the record of Derrick Kimbrough, the racial and economic demographics led to the sentencing disparities. Crack dealers often received longer prison terms since it is sold on the streets in urban and minority communities. The powdered version according to federal guidelines is commonly associated with higher-income users.
Does the early release represent another example of bureaucratic jumbles which involved a judge’s discretion to give a first time offender a break that opened the jail house doors to thousands of others?
Ironically, the selling process itself suggests differences in, not simply the substance, but how the dealer commits the crime. Essentially, the urban dealer has crack houses and recruits buyers off the streets. Their customers can be anyone, but the urban scenario catches lots of lower income addicts who resort to prostitution, shoplifting, and robbery to support their habits.
Law enforcement has often stated that most of the area’s serious crimes have a relationship to drug usage. The Bunny Holmes accessory before the fact to the murder of addict/prostitute Wendy Morgan provides an example of crack dealing leading to the dark side.
But, the economic status and selling venue issue nearly make a case for legalization of certain vices. Although the sales may be less disruptive to the public peace, those higher income users of powder cocaine commit the same crimes. The results may not be armed robbery, but how many mortgage payments are missed or savings for a child’s higher education depleted by higher income cocaine addicts?
These arguments could be made regarding already legalized activities, such as casino gambling and alcohol abuse. Many behaviors taken to obsessive extremes lead to negative societal and moral consequences.
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