An analysis by the US Sentencing Commission reveals that most of the inmates in the federal prison system who may be eligible for a reduction in sentence due to the recent reforms of the crack versus powder cocaine penalty disparity are nonviolent, low-level offenders. This directly refutes assertions being made by US Attorney General-for-the-moment Michael Mukasey as he argues for legislation to repeal the reforms.
The Washington Post reported on Feb. 22, 2008 ("Crack Offenders Set For Early Release Mostly Nonviolent, Study Says") that "Most of the more than 1,500 crack cocaine offenders who are immediately eligible to petition courts to be released from federal prisons under new guidelines issued by the U.S. Sentencing Commission are small-time dealers or addicts who are not career criminals and whose charges did not involve violence or firearms, according to a new analysis by the commission staff. About 6 percent of the inmates were supervisors or leaders of drug rings, and about 5 percent were convicted of obstructing justice, generally by trying to get rid of their drugs as they were being arrested or contacting witnesses or co-defendants before trial, according to the analysis being circulated on Capitol Hill by the commission to counter Bush administration assertions that the guidelines would prompt the release of thousands of dangerous criminals. About one-quarter of these inmates were given enhanced sentences because of weapons charges, though the charge can apply to defendants who were actually not carrying a gun or a knife but were with someone who was armed. About 18 percent of the offenders' sentences were reduced because they were arrested and charged for the first time, were forced into a drug ring by someone such as a boyfriend, were unwittingly caught up in a drug operation during a police raid, or for some other reason. The largest group -- 41 percent -- consists of small-time crack offenders who do not fall under any of the criteria that would cause authorities to increase their sentences or have them reduced."
According to the Post, "The figures are at odds with the characterization of the inmates by Attorney General Michael B. Mukasey, who would like Congress to pass legislation voiding the U.S. Sentencing Commission policy before it takes effect March 3. 'Many of these offenders are among the most serious and violent offenders in the federal system, and their early release . . . at a time when violent crime had increased in some communities will produce tragic but predictable results,' Mukasey said at a recent House Judiciary Committee hearing. The staff analysis indicated that about 6 percent of the inmates' sentences were increased because they were supervisors or leaders of a drug crew of four or more, 6 percent of prisoners' sentences were enhanced for arms specifications, and 1 percent were considered career criminals. The findings were consistent with a U.S. Sentencing Commission report to Congress in May that showed that 90 percent of federal crack cases did not involve violence. Only 5 percent involved a threat, and even fewer involved injury or death."
The Post noted that "Crack offenders serve prison terms that are up to eight times as long as those of powder cocaine offenders because of a sentencing disparity mandated by Congress under the 1986 Anti-Drug Abuse Act. The law created a 100-to-1 ratio between crack and powder cocaine offenses, meaning that five grams of crack -- about the size of two sugar cubes -- drew the same mandatory minimum sentence as 500 grams of powder. Many activists, federal public defenders, probation officers and federal judges have said the disparity is racially discriminatory. The overwhelming majority of crack cocaine offenders are black, while most powder cocaine offenders are white or Latino. Under pressure, the commission moderately reduced the guidelines for future crack offenders in March. The guidelines went into effect in November after Congress declined to intervene. The next month, the commission decided to make the guidelines retroactive so that current inmates could petition to reduce their sentences. The Justice Department opposed guideline reductions, but the commission pressed on. Last month, the commission created a list of 1,508 inmates who would be eligible for immediate release if their sentences were reduced under the guidelines and passed the names to the chief judge in each judicial district. Michael S. Nachmanoff, a lawyer who studied the inmate list for the Eastern District of Virginia, which has the largest number of crack cases eligible for sentence reduction, and found that only 15 prisoners have a legitimate chance for release because of restrictions. The reductions are so moderate, he said, that the inmates would leave prison only a few months before they were scheduled to be released without them."
Friday, February 22, 2008
Thursday, February 21, 2008
Colombian Soldiers Found Guilty In 2006 Slaughter Of Anti-Drug Police Squad
Fifteen soldiers in the Colombian Army, including a colonel, have been convicted in the deaths of a squad of anti-drug police. The killings took place in May 2006, allegedly on the order of drug traffickers.
The Los Angeles Times reported on Feb. 19, 2008 ("Colombian Soldiers Convicted in Massacre") that "A judge in Cali found Col. Bayron Carvajal and the soldiers guilty of aggravated homicide in the slaughter of 10 police officers and an informant in a May 2006 ambush outside a rural nursing home near Cali. Sentences will be imposed in two weeks. The massacre was just one of several scandals over the last two years that have tarnished this country's armed forces and raised questions about the U.S.-sponsored program called Plan Colombia that in 2000 began funneling millions of dollars in aid here."
According to the Times, "The soldiers lay in wait, then fired hundreds of rounds and threw several grenades at the police unit as it was about to launch an operation to recover 220 pounds of cocaine that a tipster had said was stashed inside a psychiatric facility in the town of Jamundi. Six police officers were found to have been shot at close range. None of the soldiers were wounded. No drugs were found, and the informant -- who prosecutors said spoke by phone with Carvajal shortly before the attack -- was killed as well."
The Times noted that "Since 2006, high-ranking military officers are alleged to have sold secrets to drug traffickers to help them elude capture, and to have planted fake bombs to gain career advancement. A recent report by human rights groups found that extrajudicial killings by the army have increased since the early years of Plan Colombia. Carvajal maintained his innocence throughout the trial, saying he and his troops thought the police were drug traffickers. More than 100 witnesses were called to testify, some of whom linked Carvajal to both leftist guerrillas and drug gangs."
The Los Angeles Times reported on Feb. 19, 2008 ("Colombian Soldiers Convicted in Massacre") that "A judge in Cali found Col. Bayron Carvajal and the soldiers guilty of aggravated homicide in the slaughter of 10 police officers and an informant in a May 2006 ambush outside a rural nursing home near Cali. Sentences will be imposed in two weeks. The massacre was just one of several scandals over the last two years that have tarnished this country's armed forces and raised questions about the U.S.-sponsored program called Plan Colombia that in 2000 began funneling millions of dollars in aid here."
According to the Times, "The soldiers lay in wait, then fired hundreds of rounds and threw several grenades at the police unit as it was about to launch an operation to recover 220 pounds of cocaine that a tipster had said was stashed inside a psychiatric facility in the town of Jamundi. Six police officers were found to have been shot at close range. None of the soldiers were wounded. No drugs were found, and the informant -- who prosecutors said spoke by phone with Carvajal shortly before the attack -- was killed as well."
The Times noted that "Since 2006, high-ranking military officers are alleged to have sold secrets to drug traffickers to help them elude capture, and to have planted fake bombs to gain career advancement. A recent report by human rights groups found that extrajudicial killings by the army have increased since the early years of Plan Colombia. Carvajal maintained his innocence throughout the trial, saying he and his troops thought the police were drug traffickers. More than 100 witnesses were called to testify, some of whom linked Carvajal to both leftist guerrillas and drug gangs."
Israeli City Considers Heroin Maintenance Program
The city of Tel Aviv, Israel, is considering a plan to provide heroin maintenance treatment to hardcore opiate addicts who have not stabilized with other available treatment modalities.
The Jerusalem Post reported on Feb. 17, 2008 ("TA Considers Supplying Heroin to Addicts") that "Tel Aviv has come up with a controversial new plan to give free heroin to addicts who have failed rehabilitation attempts, reports the Hebrew weekly Yediot Tel Aviv. City health and welfare officials are putting together the revolutionary plan, which is aimed at preventing the social damage caused by addicts trying to obtain money to buy the illicit drugs. According to the report, four out of every five heroin addicts who complete rehabilitation programs eventually end up back on the drug, and three out of every four property crimes are committed by drug addicts. The city's welfare service has decided to follow the example of some European countries and has come up with a plan to provide controlled quantities of heroin free to adult addicts who have failed several rehabilitation attempts. The distribution would be done at a specific medical clinic under the supervision of doctors. The plan will need to come before the Health Ministry for approval before it can go ahead."
The Post noted that "The report said the city's welfare service is currently dealing with 1,707 households for drug-related problems, and workers in the field have long recognized that major problems arise from addicts' attempts to get money for drugs. Police statistics show that 75 percent of property crimes and many of the recent attacks on elderly people have been committed by addicts trying to get money. The figures also show that only 20% of addicts succeed in rehabilitation programs in the long term. The report said there are currently some 15,000 drug addicts in Israel, most of them addicted to heroin."
To learn more, check out Drug War Facts, particularly the section on Heroin Maintenance. Also for more information, check out the North American Opiate Medication Initiative study of heroin assisted therapy, with clinical trials being conducted in Canada in Vancouver, BC and Montreal, Quebec.
The Jerusalem Post reported on Feb. 17, 2008 ("TA Considers Supplying Heroin to Addicts") that "Tel Aviv has come up with a controversial new plan to give free heroin to addicts who have failed rehabilitation attempts, reports the Hebrew weekly Yediot Tel Aviv. City health and welfare officials are putting together the revolutionary plan, which is aimed at preventing the social damage caused by addicts trying to obtain money to buy the illicit drugs. According to the report, four out of every five heroin addicts who complete rehabilitation programs eventually end up back on the drug, and three out of every four property crimes are committed by drug addicts. The city's welfare service has decided to follow the example of some European countries and has come up with a plan to provide controlled quantities of heroin free to adult addicts who have failed several rehabilitation attempts. The distribution would be done at a specific medical clinic under the supervision of doctors. The plan will need to come before the Health Ministry for approval before it can go ahead."
The Post noted that "The report said the city's welfare service is currently dealing with 1,707 households for drug-related problems, and workers in the field have long recognized that major problems arise from addicts' attempts to get money for drugs. Police statistics show that 75 percent of property crimes and many of the recent attacks on elderly people have been committed by addicts trying to get money. The figures also show that only 20% of addicts succeed in rehabilitation programs in the long term. The report said there are currently some 15,000 drug addicts in Israel, most of them addicted to heroin."
To learn more, check out Drug War Facts, particularly the section on Heroin Maintenance. Also for more information, check out the North American Opiate Medication Initiative study of heroin assisted therapy, with clinical trials being conducted in Canada in Vancouver, BC and Montreal, Quebec.
Wednesday, February 20, 2008
Budget Problems Prompt NY Governor To Consider Crack Tax
New York Governor Eliot Spitzer is pushing a tax on illegal drugs as a way to help close the huge budget gap his administration faces. The proposal though seemingly serious has been widely mocked.
The San Francisco Chronicle reported on Feb. 18, 2008 ("Spitzer Wants NY To Tax Illegal Drugs") that "If you can't beat it, tax it. That seems to be the axiom in New York these days, where Democratic Gov. Eliot Spitzer, struggling to close a $4.4 billion budget gap, has proposed making drug dealers pay tax on their stashes of illegal drugs. The new tax would apply to cocaine, heroin and marijuana, and could be paid with pre-bought 'tax stamps' affixed to the bags of dope."
According to the Chronicle, ""I guess if it moves, he'll tax it," said Republican state Sen. Martin Golden, who dubbed the proposal "the crack tax." Some opponents said that because cocaine and marijuana would be subject to the new levies, it should more aptly be called 'the crack-pot tax.' 'How do I explain to my 16-year-old son that we're giving a certain legitimacy to marijuana, cocaine and heroin?' asked Golden, a former New York City police officer who represents a Brooklyn district. 'We are taxing an illegal substance.' He added, 'Is prostitution next?' On the other side of the aisle, some Democrats, too, were stunned by the plan. 'My initial instinct is: I don't understand it,' said Bill Perkins, a state senator from Harlem. 'Most of the dealers I'm familiar with are petty crack dealers - most of them are crackheads. They are broke, to say the least. I just don't understand how you impose a tax' on broke crackheads, he said. Taxing illegal drugs is more widespread than is generally known. At least 21 states have some form of tax for illicit drugs, although some of those laws have been challenged in courts, and others have fallen into disuse. Almost all the remaining drug-tax laws are used mainly by local law enforcement agencies as a way to seize drug money and fund counter-narcotics operations."
The Chronicle noted that "In New York, Spitzer proposed the drug tax in his 2008-09 budget as a way to deal with a projected shortfall, and in a memo said taxing drug dealers would raise $13 million in the coming fiscal year. The governor's office said the bill would contain strict secrecy requirements, so drug dealers who paid their taxes would not be incriminating themselves. A tax stamp for a gram of marijuana would cost $3.50, and $200 for a gram of cocaine, 'whether pure or diluted,' according to the governor's proposal."
The San Francisco Chronicle reported on Feb. 18, 2008 ("Spitzer Wants NY To Tax Illegal Drugs") that "If you can't beat it, tax it. That seems to be the axiom in New York these days, where Democratic Gov. Eliot Spitzer, struggling to close a $4.4 billion budget gap, has proposed making drug dealers pay tax on their stashes of illegal drugs. The new tax would apply to cocaine, heroin and marijuana, and could be paid with pre-bought 'tax stamps' affixed to the bags of dope."
According to the Chronicle, ""I guess if it moves, he'll tax it," said Republican state Sen. Martin Golden, who dubbed the proposal "the crack tax." Some opponents said that because cocaine and marijuana would be subject to the new levies, it should more aptly be called 'the crack-pot tax.' 'How do I explain to my 16-year-old son that we're giving a certain legitimacy to marijuana, cocaine and heroin?' asked Golden, a former New York City police officer who represents a Brooklyn district. 'We are taxing an illegal substance.' He added, 'Is prostitution next?' On the other side of the aisle, some Democrats, too, were stunned by the plan. 'My initial instinct is: I don't understand it,' said Bill Perkins, a state senator from Harlem. 'Most of the dealers I'm familiar with are petty crack dealers - most of them are crackheads. They are broke, to say the least. I just don't understand how you impose a tax' on broke crackheads, he said. Taxing illegal drugs is more widespread than is generally known. At least 21 states have some form of tax for illicit drugs, although some of those laws have been challenged in courts, and others have fallen into disuse. Almost all the remaining drug-tax laws are used mainly by local law enforcement agencies as a way to seize drug money and fund counter-narcotics operations."
The Chronicle noted that "In New York, Spitzer proposed the drug tax in his 2008-09 budget as a way to deal with a projected shortfall, and in a memo said taxing drug dealers would raise $13 million in the coming fiscal year. The governor's office said the bill would contain strict secrecy requirements, so drug dealers who paid their taxes would not be incriminating themselves. A tax stamp for a gram of marijuana would cost $3.50, and $200 for a gram of cocaine, 'whether pure or diluted,' according to the governor's proposal."
Tuesday, February 19, 2008
Buffalo's US Attorney Does The Right Thing
The US Attorney's office in Buffalo, NY, has decided to not try enforcing waivers that would deny inmates serving federal time for crack offenses the ability to apply for a reduction in sentence now that Congress and the US Sentencing Commission have allow such a reduction. The office was one of only two in the country which used such waivers.
The Buffalo News reported on Feb. 13, 2008 ("Crack Sentence Cuts Won't Be Opposed") that "U.S. Attorney Terrance P. Flynn will not oppose reductions in crack sentences based on a legal waiver that is routinely included in plea agreements filed in the federal courts of Buffalo and Rochester. 'After a lot of discussion, this decision was made in the interest of justice, in the interest of national uniformity of sentencing and in the interest of not tying up the courts with a lot of additional litigation,' said Joseph M. Guerra III, chief of drug prosecutions in Flynn's office."
According to the News, "The federal court system has 94 districts. 'We recently learned that our district and possibly one other were the only ones that had this waiver in their plea agreements,' Guerra said. 'That goes against the goal of national uniformity in sentencing.'"
The News noted that "Convicts who signed the waiver agreed they would never ask for reduced sentences, even if future changes in the law allowed them to do so. Several defense attorneys and the president of the Buffalo Branch of the National Association for the Advancement of Colored People had been upset that Flynn's office was considering enforcing the waiver. Authorities estimate that 20,000 people who are serving federal crack sentences throughout the nation will request sentence reductions because of the changes enacted by Congress and the U.S. Sentencing Commission. That number will include an estimated 200- plus men and women who were convicted in federal courts in Buffalo and Rochester. Judges will begin considering the requests March 3, according to Richard J. Arcara, chief of the federal judges in Western New York. Arcara said rulings will be made on a 'case-by-case basis.'"
The Buffalo News reported on Feb. 13, 2008 ("Crack Sentence Cuts Won't Be Opposed") that "U.S. Attorney Terrance P. Flynn will not oppose reductions in crack sentences based on a legal waiver that is routinely included in plea agreements filed in the federal courts of Buffalo and Rochester. 'After a lot of discussion, this decision was made in the interest of justice, in the interest of national uniformity of sentencing and in the interest of not tying up the courts with a lot of additional litigation,' said Joseph M. Guerra III, chief of drug prosecutions in Flynn's office."
According to the News, "The federal court system has 94 districts. 'We recently learned that our district and possibly one other were the only ones that had this waiver in their plea agreements,' Guerra said. 'That goes against the goal of national uniformity in sentencing.'"
The News noted that "Convicts who signed the waiver agreed they would never ask for reduced sentences, even if future changes in the law allowed them to do so. Several defense attorneys and the president of the Buffalo Branch of the National Association for the Advancement of Colored People had been upset that Flynn's office was considering enforcing the waiver. Authorities estimate that 20,000 people who are serving federal crack sentences throughout the nation will request sentence reductions because of the changes enacted by Congress and the U.S. Sentencing Commission. That number will include an estimated 200- plus men and women who were convicted in federal courts in Buffalo and Rochester. Judges will begin considering the requests March 3, according to Richard J. Arcara, chief of the federal judges in Western New York. Arcara said rulings will be made on a 'case-by-case basis.'"
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