Thursday, April 1, 2010

Texas Judge grants motion to treat crack the same as powder

From the Federal Public Defenders of the Eastern District of Texas:

"This past Tuesday, March 30, 2010, in a case of first impression in the Eastern District of Texas, Judge Leonard Davis granted the Defendant's Motion to treat crack the same as powder cocaine for those sentenced for crack offenses. [In United States v. Sheldon Greer, No: 6:09-CR-20 (E.D.Tex.Tyler 2010,] Judge Davis adopted the current national trend toward equalization of the two forms of the same drug, rejected the Guidelines in their current form, and declared that beginning today and from this point forward, he will sentence Defendants convicted of Federal crack cocaine offenses the same as if the form of the cocaine was powder. Kimbrough was of enormous benefit to the Court in his decision. This decision had and will have a profound impact in that the first two Defendants went from 70-87 months down to 24 months and from 108-135 months to 60 months on the second (mandatory minimum prevented further reduction)."

No comments: