Federal probation officials will review more than 300 past local crack-cocaine cases to determine whether any prisoners are eligible for reduced sentences under new guidelines being applied retroactively.
“There are hundreds in the Chattanooga office that could be affected,” Assistant Federal Defender Rita LaLumia said.
The U.S. Sentencing Commission recently amended the sentencing guidelines, lowering the disparity between crack and powder cocaine sentences from about a 100-to-1 ratio to about 20-to-1. The new guidelines went into effect Nov. 1, 2007, but the retroactive application of them took effect March 3.
Assistant U.S. Attorney Perry Piper said his office will review requests and file motions stating whether prosecutors agree the new guidelines apply in specific cases.
“If they are deserving, we are agreeing to it,” he said.
Ms. LaLumia said a hearing will be necessary in cases where prosecutors disagree.
Chattanooga attorney John Cavett said he believes he has five or six clients who may be affected by the sentencing change.
He likely will file motions asking the sentences be adjusted, he said.
There are several factors that may prevent someone from being eligible for a sentence reduction, such as a defendant who has an equal or longer sentence on a charge not affected by the guideline change or a defendant whose original sentence falls within the new guideline.
Some defendants’ cases may be expedited if they already have served most of their sentences.
“Anybody with a release date very soon will be reviewed first in case they are eligible for an immediate release,” Ms. LaLumia said.
Assistant U.S. Attorney Steve Neff said the effort to reduce the disparity between crack and powder cocaine sentences stems from the notion that crack is more addictive than powder cocaine and therefore incites more violence among its users and dealers.
Chief U.S. District Court Judge Curtis L. Collier issued an order describing how cases will be reviewed in the Eastern District of Tennessee to ensure uniformity and fairness.
The order states that U.S. Federal Defender Services will represent the defendants in court unless a defendant wishes to hire a private attorney or a conflict exists.
Case reviews
The U.S. Sentencing Commission recently amended the sentencing guidelines, lowering the disparity between crack and powder cocaine sentences. Chief U.S. District Court Judge Curtis L. Collier issued an order describing how cases will be reviewed in the Eastern District of Tennessee to ensure uniformity and fairness.
Or login with:
New Account