WASHINGTON — A government attorney told the Supreme Court on Tuesday that a federal judge cannot ignore Congress’ intent that trafficking in crack cocaine should carry tougher penalties than selling powder cocaine.
Deputy Solicitor General Michael Dreeben argued that a judge who ignores congressional will on the issue creates “a textbook example” of unreasonable sentencing.
The crack-cocaine penalty case is one of two the court tackled Tuesday in an attempt to provide more clear direction in balancing the discretion given to judges with federal sentencing guidelines that the court declared in 2005 are advisory rather than mandatory.
At issue is a 1986 law, enacted after University of Maryland basketball star Len Bias’ overdose death and a rising crack epidemic, that established a 100-to-1 disparity in penalties. Trafficking in 5 grams of crack carries a mandatory five-year sentence, but it takes 500 grams of powder cocaine to reach the same sentence.
Those disparities have long been criticized because the practical effect is a law that more severely affects African-Americans.
According to the U.S. Sentencing Commission, more than 80 percent of crack dealers convicted in federal court last year were black, while about a quarter of cocaine dealers were African-American.
The Supreme Court justices said they were inclined to give sentencing judges more leeway – but not total freedom – to impose shorter prison terms.
Justice Antonin Scalia said the guidelines often result in overly long prison terms.
“The guidelines are only guidelines. They are advisory,” he said, so judges should be permitted to set lower prison terms.
In the past, the justices have been closely split in sentencing cases, and not along the usual ideological lines. For example, Justices Scalia and John Paul Stevens have joined the major rulings that struck down mandatory sentencing guidelines.
It appears that the crack-cocaine sentencing guidelines will change regardless of the court’s decision. The U.S. Sentencing Commission last April voted to lower the federal minimum sentence for crack, saying a first-time offender caught with 5 grams or more should face 51 to 63 months in prison, instead of the current 63 to 78 months. The recommendations will go into effect Nov. 1 unless Congress intervenes.
The Los Angeles Times contributed to this report.
