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FAMM urges Congress to heed message from Commission, New report finds crack disparity unjustifiable, up to Congress to fix the problem

WASHINGTON, D.C.: Federal crack cocaine penalties overstate the harmfulness of the drug, apply mostly to low-level offenders, and hit minorities hardest, concludes the U.S. Sentencing Commission in a new report to Congress, "Cocaine and Federal Sentencing Policy," released today, May 15. Based on these findings, the Commission maintains it's consistently held position that current crack cocaine penalties significantly undermine the congressional objectives of the Sentencing Reform Act, including fairness, uniformity and proportionality. The solution? Congress should act, says the report. Mary Price, vice president and general counsel of Families Against Mandatory Minimums (FAMM), a national, nonpartisan sentencing reform organization, says, "The prisoners, children and families torn apart by these unjustifiably harsh penalties are watching closely and will welcome crack sentencing reforms that restore some justice to crack penalties. Only Congress can change our harsh mandatory minimum crack laws. Lawmakers should not squander the important opportunity presented by the most recent set of findings and recommendations by the Sentencing Commission. The time is ripe for reform, especially given the bipartisan support for crack sentencing reform that has emerged in recent years." In its report, the Commission again unanimously and strongly urged Congress to act promptly on the following recommendations: (1) Increase the five-year and ten-year mandatory minimum threshold quantities for crack cocaine offenses to focus the penalties more closely on serious and major traffickers, (2) Repeal the mandatory minimum sentence for simple possession of crack cocaine and (3) Reject addressing the 100-to-1 disparity by decreasing the five-year and ten-year mandatory minimum threshold quantities for powder cocaine offenses, citing no evidence to justify such an increase in quantity-based penalties for powder cocaine offenses. In addition, the Commission seeks authority to incorporate any future changes to the mandatory minimums for crack into the federal sentencing guidelines. FAMM strongly supports these recommendations and looks forward to working with members of Congress to implement these reasonable and long-overdue reforms to crack cocaine sentencing. Visit www.ussc.gov to read the report.
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Congressional Staff Briefing (Senate): Reforming Crack Cocaine Sentencing

On May 15, the United States Sentencing Commission (USSC) updated its 2002 Report to Congress on Federal Cocaine Sentencing. The USSC report once again finds that there is no rationale for the sentencing differences between the two forms of the drug. Under current law, possessing or selling 5 grams of crack cocaine results in the same five-year mandatory minimum sentence as selling 500 grams of powder cocaine. The law harshly punishes low-level offenders, and has had a disparate impact on African-American and low-income communities. Join us in a frank discussion on avenues for reform of this unjust law.
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Congressional Staff Briefing (House): Reforming Crack Cocaine Sentencing

On May 15, the United States Sentencing Commission (USSC) updated its 2002 Report to Congress on Federal Cocaine Sentencing. The USSC report once again finds that there is no rationale for the sentencing differences between the two forms of the drug. Under current law, possessing or selling 5 grams of crack cocaine results in the same five-year mandatory minimum sentence as selling 500 grams of powder cocaine. The law harshly punishes low-level offenders, and has had a disparate impact on African-American and low-income communities. Join us in a frank discussion on avenues for reform of this unjust law.
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Allan Clear Reports from the International Harm Reduction Conference in Warsaw

(DRCNet is pleased to welcome Allan Clear, executive director of the Harm Reduction Coalition, as a special guest correspondent for the Stop the Drug War Speakeasy. Allan is currently in Warsaw, Poland, attending the 18th International Conference on the Reduction of Drug Related Harm, and has graciously agreed to report for us on the proceedings. He has come through with photos and all. Because I was offline most of the last few days, Allan's first few posts are all coming out together in one. Any subsequent posts from the conference will come out one by one. Here Allan writes about getting to the place, the place, pre-conference meetings of the International Network of People Who Use Drugs and various satellite groups, and the conference's first day. - DB) Allan Clear Stijn Goossens & Luiz Paolo Guanabara, at the conference (Click the "read full post" link below or here to read Allan's full reports, with more pictures.)
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Big News: Sentencing Commission Crack Cocaine Sentencing Report is Out

This issue has dragged on for too long -- I've been working on it since 1994, and that wasn't the beginning of it. Hopefully this new report from the US Sentencing Commission will help bring about some change, even if still woefully insufficient. Commentary I have seen online at the time of this writing:
Prof. Doug Berman on the Sentencing Law and Policy blog Alex Coolman on Drug Law Blog Jeralyn Merritt on TalkLeft Families Against Mandatory Minimums press release
Also our feature story on USSC's recommendations to Congress on the issue, effective unless Congress votes to block them, Drug War Chronicle issue before last. Talk amongst yourselves... :)
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Initial Hurwitz Prosecutor Resigns from DOJ #2 Post

good riddance to Paul McNulty!!!!!
One of the big news stories today was the resignation of Deputy Attorney General Paul McNulty as part of the US Attorneys firings scandal. I commented on the possibility of a McNulty firing on March 20th here in the Speakeasy, pointing out his history as the prosecutor who initiated charges against pain physician Dr. William Hurwitz, got the DEA's pain FAQ pulled to influence the trial, as well as his role in getting parole abolished in the state of Virginia. McNulty was present last month when the new Hurwitz verdicts -- more limited than the original, though still negative -- were read. Good riddance to Paul McNulty. May this mark an end to his evil works once and for all.
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Law Enforcement: This Week's Corrupt Cops Stories

Tarnished badges abound this week. We've got a cop who got too high on his own brownies, missing drug evidence, a head narc busted for ripping-off drug dealers, a cop busted for taking bribes from drug dealers, a couple more cops pleading guilty to protecting drug shipments, and the requisite jail guard dealing drugs.
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If Only Afghanistan Were More Like Colombia…

Colombian narcs who haven't been killed yet are holding police training seminars in Afghanistan. From The International Herald Tribune:
It is a measure of Afghanistan's virulent opium trade, which has helped revive the Taliban while corroding the credibility of the government, that U.S. officials now hope that Afghanistan's drug problem will someday be only as bad as that of Colombia.
…

"I wanted the Colombians to come here to give the Afghans something to aspire to," [DEA Kabul Chief Vincent] Balbo said. "To instill the fact that they have been doing this for years, and it has worked."
They're unearthing mass graves in Colombia. Cocaine is cheaper than ever. The president is embroiled in a massive corruption scandal. You can’t even grow bananas there without becoming a pawn in a paramilitary extortion scandal. Yet American drug warriors talk about Colombia like it's a shining beacon of justice and democracy.

Afghan narcs-in-training will learn what a joke this is when their Colombian instructors request asylum.

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The plot thickens...

I am charged with two felonies. Meeting with a lawyer Thursday, and it's gonna cost at least $3500.00 for openers. The first two attorneys I talked to were already mentioning plea bargains before I got off the phone.
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"Cannabis Cash 'Funds Islamist Terrorism'"--Here we go again.

The old "drug users fund terrorism" canard is getting new play in Europe this week, where French and Spanish intelligence agencies reported that, as the Guardian (UK) put it, "Cannabis cash 'funds Islamist terrorism'". The report was the result of an investigation launched after the 2004 Madrid train bombings that found the bomb plotters bought their explosives from former miners and paid them in hashish. The intelligence agencies also claimed that the Al Qaeda-linked Algerian Salafist Group for Preaching and Combat is using hash sales as part of "a complex network" of financing its terrorist operations. I don't doubt that. People who need money for nefarious schemes typically resort to the black market economy, whether it is drugs, diamonds, oil, or whatever commodity. It is so screamingly obvious that I hesitate to point it out, but pot smokers don't fund terrorism—prohibition does. You don't hear of barley or grapevines or tobacco leaves funding terrorism because they are used to make non-prohibited psychoactive drugs that are integrated into the legal, aboveground economy. If you want to stop Islamic terrorists from using the black market profits from the hash trade to buy bombs, the solution is clear: End the prohibition regime that creates the black market.
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Maryland Drug Reform Bill and Veto Threat

Maryland's governor, Martin O'Malley, is set to make a decision regarding the drug sentencing reform bill passed by the state's General Assembly by Thursday -- he initially supported it but is now threatening a veto -- and press coverage has continued. Editorials criticizing his veto threat have run in the Baltimore Sun and the Washington Post. (I'm having trouble finding a link for the Post article -- please post one here if you have it.) Some quotes from the two pieces, first the Post:
"Its veto would raise the question of whether Mr. O'Malley is more interested in political posturing than in constructive reform of the state's criminal justice system."
and the Sun:
The Sun editorial read: "Mr. O'Malley shouldn't veto the bill... the solution is not to retreat from a modest sentencing change, it's to allocate more money for drug treatment."