NEW YORK — Marsha Cunningham was no drug dealer. But when authorities busted her boyfriend in the 1990s for selling crack and powdered cocaine, they also arrested her on a crack-possession charge.
Her sentence: Fifteen years behind bars, only two less than her boyfriend got.
But Cunningham, 37, is now one of nearly 20,000 inmates convicted of crack offenses who may see their prison terms reduced under new federal guidelines intended to bring retroactive fairness to drug sentencing.
“Marsha is a really good person,” said her aunt, Ruby Jones of Houston. “She got caught up in this behind her boyfriend.”
The sentencing guidelines took effect Monday — the result of a December decision by the U.S. Sentencing Commission to ease the way the system came down far harder on crack-related crimes than on those involving powdered cocaine.
Previously, a person with one gram of crack would receive the same sentence as someone with 100 grams of the powdered form of cocaine. The disparity has been decried as racially discriminatory, since four of every five crack defendants in the U.S. are black, while most powdered-cocaine convictions involve whites.
“The sentences for crack cocaine have been one of the most corrosive and unjust areas of criminal law,” said Michael Nachmanoff, head of the federal public defender’s office for the Eastern District of Virginia. “It’s really undermined respect for the criminal justice system, not only in the African-American community but throughout the country.”
About 1,600 inmates are eligible for immediate release this week, but there is no way to know exactly how many will ultimately be freed, since each prisoner must ask for a reduction and go before a judge. The remainder of the 19,500 crack defendants will become eligible for release over the next 30 years.
The commission calculates that 115 inmates in Colorado are currently eligible for immediate release.
“As we do with all sentencing guidelines, the department will apply the new rule as written,” Justice Department spokesman Peter Carr said Monday. “We will be urging the courts not to go beyond the limited reduction that the Sentencing Commission has asked for and not to resentence defendants from scratch.”
The Justice Department said it is more worried about crack defendants set to come up for release later, saying they include a higher share of violent offenders and potential repeat offenders than the first batch.
But Nachmanoff said few of the crack defendants are violent criminals.
“These are people who committed crimes and have been punished, and the sentencing commission is trying to ensure that they are not punished excessively,” he said.
