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Reductions in crack sentencing guidelines could let N.O. area criminals out of jail early

10:04 PM CST on Wednesday, March 5, 2008

WWLTV.com

A change in federal sentencing guidelines for criminals convicted on crack charges could mean a reduction in prison time for hundreds of New Orleans-area criminals, federal law enforcement officials in the city said Wednesday.

WWL-TV

Jim Letten

The new guidelines took effect this past Monday and already federal judges have reduced ten sentences in the New Orleans area.

Federal crack charges have always carried tougher sentencing guidelines than powder cocaine but recently the U.S. Sentencing Commission lowered the guidelines to make the two similar.

“The position of the United States was that crack was inherently more dangerous and more closely associated with violence,” said U.S. Attorney Jim Letten.

In addition to lowering the guidelines for sentencing people on crack violations, the Sentencing Commission made the change retroactive so that thousands of federal inmates currently doing time can try to get their sentences reduced.

“Obviously there’s going to be an impact,” said Letten. “We don’t believe it’s going to be a particularly positive impact, especially in light of the fact that individuals who are violent offenders would potentially be eligible.”

Letten said his office is reviewing 470 local crack convictions to see if they may be eligible for a sentence reduction. It would then be up to a federal judge to decide if, and how much, time should be taken off on a case-by-case basis.

“We certainly hope the judiciary will review all of the facts of the case and will make the best judgment possible as to whether sentences should be reduced,” said William Renton of the Drug Enforcement Agency.

Federal officials say that most minor crack cases are handled in state court and that the U.S. Attorney typically only adopts the case if there’s a large quantity of crack or large-scale distribution.

However, feds sometimes use crack charges to get violent, repeat offenders off the streets if, New Orleans Police can’t get them on other charges.

“That person may well get a reduction in sentence, even though we targeted him, not because he was a crack dealer, but because he was a violent offender,” said Maurice Landrieu, the Drug Unit Chief for the U.S. Attorney's Office. “There are going to be several of those individuals that are going to end up getting released.”