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January 2012 (The Sentencing Project)

The Sentencing Project Again Argues for Fairness in Crack Cocaine Sentencing

This week The Sentencing Project joined with partner organizations to submit a friend-of-the-court brief to the Supreme Court on behalf of two defendants challenging their excessive sentences for crack cocaine offenses. In Hill v. United States and Dorsey v. United States, both petitioners were sentenced in federal court for offenses involving crack cocaine after passage of the Fair Sentencing Act of 2010 (FSA) but were subject to the old 100- to-1 sentencing structure. The petitioners had committed their offenses before the reformed sentencing law was enacted.

The petitioners had committed their offenses before the reformed sentencing law was enacted. In the brief, authored by the American Civil Liberties Union, we argue Congress rejected the unfair and discriminatory 100-to-1 sentencing disparity and intended the FSA to apply to all sentences after its enactment.

Issue Area(s): Sentencing Policy, Incarceration, Racial Disparity, Crack Reform