U.S. Sentencing Commission Urges Changes in Federal Cocaine Sentencing Policy
The chair of the U.S. Sentencing Commission,
Judge Diana E. Murphy (8th Cir.) appeared before the
Senate Judiciary Subcommittee on Crime and Drugs last
month to outline the Commission's recommendations on
cocaine sentencing. The Commission has released a
112-page report advocating a reassessment of federal
cocaine penalties. The report, entitled Cocaine and
Federal Sentencing Policy, is available online at
http://www.ussc.gov/r_congress/02crack/2002crackrpt.htm.
In her testimony, Murphy asked Congress to
modify federal drug laws to target the most dangerous
offenders for greater punishment while also addressing
the wide disparity in treatment between crack and
powder cocaine. Current laws treat trafficking and possession
of crack significantly more severely than powder
cocaine. The Commission's extensive review of literature on
such issues as the addictiveness of cocaine; its own study
of federal cocaine offenders; a survey of state
sentencing policies, public comment on current policy; and
testimony at hearings from the medical and scientific
communities, and federal and local law enforcement
officials, have caused the Commission to conclude that
the cocaine penalty structure can be improved significantly.
"[T]he Commission unanimously agreed that at
this time we can best facilitate congressional consideration
of the proposed statutory and guideline changes,"
said Murphy, "by submitting recommendations to
Congress first, then working with Congress to implement
appropriate modifications to the penalty structure."
The Commission recommends that Congress adopt the following three-pronged approach to revise
federal cocaine sentencing policy:
(1) Increase the five-year mandatory minimum
threshold quantity for crack cocaine offenses to at
least 25 grams, and the 10-year threshold quantity
to at least 250 grams (and repeal the mandatory minimum for simple possession of crack cocaine).
(2) Direct the Commission to provide appropriate
sentencing enhancements in the primary drug trafficking guideline, USSG §2D1.1, to account
for certain aggravating conduct.
(3) Maintain the mandatory minimum penalties
for powder cocaine offenses at their current
levels, with the understanding that the proposed
guideline sentencing enhancements would apply to powder cocaine offenses.