LDF Applauds Supreme Court Decision in Kimbrough v. United States

NEW YORK, Dec. 10 /PRNewswire-USNewswire/ -- The NAACP Legal Defense and Educational Fund, Inc. (LDF) today applauds the Supreme Court decision in Kimbrough v. United States. The 7-2 decision by the court allows judges to impose a sentence that is below the guideline sentence set forth by the United States Sentencing Guidelines for a crack offense where the sentencing judge determines that a Guidelines sentence is inconsistent with the statutory purposes of criminal law. Mr. Kimbrough pled guilty to the indictment and was subject to a guideline sentencing range of 19-221/2 years in prison. He was also subject to a mandatory minimum term of 15 years. The court decided to lessen the length of the sentence after considering a host of factors, including but not limited to, the impact of the so-called "100:1 crack/powder ratio" implemented in the Guidelines.

LDF filed an amicus brief in support of Mr. Kimbrough on July 26, 2007, arguing that the extensive evidence of racial disparity associated with the 100:1 ratio and its associated harm is an appropriate consideration for the court when fashioning an individualized sentence. LDF argued that the sentencing judge's exercise of discretion in considering the impact of the 100:1 ratio, its associated disparities, and the appropriateness of the guideline sentence, should be upheld.

"The sentencing guidelines that have been used in these convictions are a clear case of the punishment not fitting the crime. A person convicted of carrying a small amount of crack cocaine was sentenced as if they had been carrying one-hundred times that amount in cocaine powder form. That coupled with the unfair targeting of African Americans led to a gross disparity that we argued needed to be corrected," said Ted Shaw, LDF Director-Counsel and President.

In 1986 the Anti-Drug Abuse Act established the 100:1 ratio, equating one gram of crack-cocaine to 100 grams of powdered cocaine. The same ratio was used when fashioning mandatory minimum sentencing guidelines. African Americans, LDF contended, have been disproportionately affected by these sentencing guidelines. The incarceration rates for African-Americans convicted of crack-cocaine offenses are much higher than the rates for whites. According to reports cited by the U.S. Sentencing Commission, although 52% of admitted crack users are white, they only comprise 10% of federal convictions for simple crack possession. On the other hand, African Americans represent 38% of crack users, but 85% of federal convictions for simple crack possession.

The Supreme Court held in Kimbrough that the Fourth Circuit Court of Appeals erred in holding that a sentencing judge could not consider the disparity between sentences for crack and powder cocaine offenses when fashioning an appropriate sentence in an individual case. LDF hopes that this decision will help bring much needed reform to the sentencing disparities created by the 100:1 crack/powder ratio.

The NAACP Legal Defense and Educational Fund (LDF) is America's legal counsel on issues of race. Through advocacy and litigation, LDF focuses on issues of education, voter protection, economic justice and criminal justice. We encourage students to embark on careers in the public interest through scholarships and internship programs. LDF pursues racial justice to move our nation toward a society that fulfills the promise of equality for all Americans.