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Crack cocaine. The Fair Sentencing Act of 2010 (Pub. L. 111–220 (text)) was an Act of Congress that was signed into federal law by United States President Barack Obama on August 3, 2010, that reduces the disparity between the amount of crack cocaine and powder cocaine needed to trigger certain federal criminal penalties from a 100:1 weight ratio to an 18:1 weight ratio [1] and eliminated the ...
This act mandated a minimum sentence of 5 years without parole for possession of 5 grams of crack cocaine while it mandated the same for possession of 500 grams of powder cocaine. This 100:1 disparity was reduced to 18:1, when crack was increased to 28 grams (1 ounce) by the Fair Sentencing Act of 2010. [citation needed]
Powder cocaine defendants tend to be white and receive shorter sentences than crack cocaine defendants, who tend to be black. In 1995, the Commission proposed reducing the ratio to 1-to-1 and adding other enhancements targeted at crack cocaine crimes involving violence. Congress exercised its statutory authority to overrule this proposal.
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Attorney General Merrick Garland issued new guidance on Friday essentially eliminating the disparity in federal sentencing for the distribution of crack
On the other hand, possession of 500 grams of powder cocaine carries the same sentence. [16] [17] In 2010, the Fair Sentencing Act cut the sentencing disparity to 18:1. [19] In 2012, 88% of imprisonments from crack cocaine were African American. Further, the data shows the discrepancy between lengths of sentences of crack cocaine and heroin.
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