Supreme Court Decisions Trigger Drug Sentencing Changes
The U.S. Supreme Court on Monday issued two decisions giving federal judges greater discretion in setting sentences for drug offenses under the federal sentencing guidelines. In Kimbrough v. U.S., recognizing that under federal criminal statutes and sentencing guidelines, a drug trafficker dealing in crack cocaine is subject to the same sentence as a trafficker dealing in 100 times more powder cocaine, the Court declared that a federal district court judge may consider the disparity between the treatment of crack and powder offenses under federal sentencing guidelines, and the judge has discretion to find a sentence under those guidelines “greater than necessary” when sentencing for a cocaine offense....