10 months after 'Koon,' sentence guidelines intact; decision was hailed as giving judges more power to depart from them

Article Abstract:

The US Supreme Court's landmark ruling of Koon v. United States, giving federal judges more power under an abuse-of-dicretion standard to review trial court sentences outside the restrictive sentencing guidelines. Koon was considered a victory for the lead defendant, former LA Police Sgt. Stacy Koon and for judges finding the guidelines too restrictive. A Lexis computer search yields about 100 appellate court cases reviewing sentences under this case. Appellate courts disagree on what deference Koon requires them to accord to district court judges.

author: Berkman, Harvey
Judicial discretion

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Congress keeps tough crack penalty

Article Abstract:

The US House and Senate recently rejected a proposed reduction in prison sentences for crack cocaine users while accepting the US Sentencing Commission's other sentence-reducing recommendations. Though it approved a retroactive change in how the weight of marijuana plants is measured, Congress refused to bring crack sentencing guidelines into line with those for cocaine, the underlying drug. The issue drew attention because African- Americans are disproportionately convicted of crack posession.

author: Berkman, Harvey
Political aspects

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Commission suggests crack sentences be reduced

Article Abstract:

The US Sentencing Commission has issued a report critical of the sentencing guidelines for crack cocaine. The guidelines for crack require a 10-year term for anyone with $1,000 worth. That much crack can be made with $800 in powder cocaine, but powder cocaine possessors must have $80,000 worth to get a mandatory 10-year sentence. The sentencing guidelines have been characterized as racist by many, with blacks making up 88% of federal crack convictions.

author: Berkman, Harvey
Analysis, Reports, Mandatory sentences, Determinate sentences

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subjects list: Standards, United States, Laws, regulations and rules, Sentences (Criminal procedure), Crack (Drug), United States. Sentencing Commission
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