For Immediate Release
Date: February 29, 2008
Contact: Contact: Monica Pratt Raffanel media@famm.org
Early release for some crack offenders March 3
WASHINGTON, D.C.: The first group of prisoners who are eligible for modest sentence reductions as a result of the U.S. Sentencing Commission’s retroactive policy change for crack cocaine are set to be released from federal prisons, beginning on Monday, March 3.
According to the U.S. Sentencing Commission, an estimated 2,520 of the 19,500 prisoners are eligible to ask the court for a sentence reduction in the first year. Because some prisoners have already served almost all of their sentences, an even smaller number will be eligible for immediate release on Monday if they receive the benefit of the retroactive crack guideline. Retroactivity does not apply to those convicted as career offenders or armed career criminals. People sentenced to five- and 10-year mandatory minimums, or people serving life in prison are also not eligible for early release.
Federal courts are administering the application of the retroactive guideline, which is not automatic. Courts may refuse to grant sentence reductions to individuals if they believe they could pose a public safety risk.
“Any prisoner eligible to seek a reduction must first convince a court that they deserve one,” said Julie Stewart, president of Families Against Mandatory Minimums (FAMM), a national, nonpartisan sentencing reform organization. “If the U.S. Attorney believes a prisoner will pose a risk to the community if released early, he can oppose the reduction and explain to the court why the prisoner does not deserve it,” continued Stewart. “Those who benefit from the reduction will have an average of 12-24 months shaved off their sentences, allowing them to return to families who have already waited years for them to come home.”
Many FAMM members, including Lamont and Lawrence Garrison, will benefit from retroactivity. Arrested just months after graduating from Howard University, Lamont received 19 years and Lawrence received 15 years, respectively, after being accused of conspiring to distribute crack and powder cocaine. Both brothers could receive sentence reductions of between three and four years.
Families Against Mandatory Minimums (FAMM) is a national nonpartisan, nonprofit organization that promotes just sentencing policies. For more information, visit: www.famm.org or contact media@famm.org
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