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Supreme Court Weighs Retroactive Use of Fair Sentencing Drug Law

HeadlineApr 18, 2012

The U.S. Supreme Court is weighing whether a law aimed at reducing sentencing disparities between users of crack cocaine and powdered cocaine should apply to those whose cases were pending when the law took effect. The Fair Sentencing Act was passed in 2010 to address a racial gap in prison terms between users of crack cocaine, who tend to more commonly be African American, and users of powdered cocaine, who are more often white. The law loosened harsh mandatory prison terms imposed in the mid-1980s that set one gram of crack cocaine equal to 100 grams of powdered cocaine. On Tuesday, the Supreme Court heard arguments regarding two Illinois men who were sentenced to 10-year prison terms for selling crack. While their offenses were committed before the law took effect, both were sentenced after it was signed by President Obama. Stephen Eberhardt, a lawyer for the men, argued they should be given lesser sentences retroactively, saying, “Why would Congress want district courts to continue to impose sentences that were universally viewed as unfair and racially discriminatory?”

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