Currently,
First-time offenses involving 5 grams or more of crack cocaine receive a sentencing guideline range of 63 to 78 months, and first-time offenses involving 50 grams or more of crack cocaine receive a sentencing guideline range of 121 to 151 months, before accounting for other relevant factors under the guidelines.
Under the proposed Amendment,
...a first-time trafficking offense involving 5 grams of crack cocaine will receive a guideline sentencing range of 51 to 63 months, and a first-time trafficking offense involving 50 grams or more of crack cocaine will receive a guideline sentencing range of 97 to 121 months, before accounting for other relevant factors under the guidelines. Under the statutory mandatory minimum penalties, however, a five- and ten-year sentence will still be required, respectively.
So for amounts between 5 and 50 grams of crack, it goes down from 63 to 78 months to 51 to 63 months, with 60 months still mandated.
For more than 50 grams of crack, it goes down from 121 to 151 months to 97 to 121 months, with 120 months still mandated.
Under the current statute and guidelines, it takes 500 grams and 5 kilos of powder cocaine,respectively, to trigger the 5 and 10 year mandatory minimum penalties. Currently, the guidelines for 5 grams of powder cocaine are 10 to 16 months and the guidelines for 50 grams of powder are 21 to 27 months, for first offenders.
FAMM calls it a great first step.
We don't need a first step. We need real reform. How many more years will these crack offenders do while waiting for Congress and the Commission to go the second, third and fourth steps, until the crack penalties come down to where they should be, the same as those for powder cocaine.
