Kimbrough v. United StatesKimbrough v. United States

Eli BarrEli Barr

The DrugThe Drug

Powder cocaine defendants tend to be Powder cocaine defendants tend to be white, and receive shorter sentences, than white, and receive shorter sentences, than crack cocaine defendants, who tend to be crack cocaine defendants, who tend to be black. black.

But cocaine is far less powerful than crack But cocaine is far less powerful than crack rocksrocks

The DrugThe Drug

it takes five grams of it takes five grams of crack or 500 grams of crack or 500 grams of powder cocaine to for a powder cocaine to for a minimum five-year prison minimum five-year prison sentence. sentence. a drug trafficker dealing in a drug trafficker dealing in crack cocaine is subject crack cocaine is subject to the same sentence as to the same sentence as one who traffics in 100 one who traffics in 100 times as much powder times as much powder cocaine cocaine

POWDER COCAINEPOWDER COCAINE

THE DEFENDANTTHE DEFENDANT

African American war veteran, Derrick African American war veteran, Derrick Kimbrough was indicted in September Kimbrough was indicted in September 2004 for possessing fifty or more grams of 2004 for possessing fifty or more grams of crack cocaine, distributing cocaine, crack cocaine, distributing cocaine, conspiring to distribute fifty grams or more conspiring to distribute fifty grams or more of crack cocaine, and possessing a of crack cocaine, and possessing a firearm in connection with a drug firearm in connection with a drug trafficking crime.trafficking crime.

THE LAWTHE LAW

The federal sentencing The federal sentencing guidelines prescribe a guidelines prescribe a sentencing range of 168 sentencing range of 168 to 210 months to 210 months imprisonment for the drug imprisonment for the drug counts and 60 counts and 60 consecutive months for consecutive months for the firearm count the firearm count But the district court But the district court judge considered this judge considered this sentence "ridiculous.“sentence "ridiculous.“

Solid Crack RocksSolid Crack Rocks

Supreme CourtSupreme Court

The SC decided to vote 7-2 on the crack-The SC decided to vote 7-2 on the crack-cocaine differencecocaine difference

They said that the federal guidelines for They said that the federal guidelines for imprisonment is that, guidelines and there imprisonment is that, guidelines and there is no official minimum or maximum is no official minimum or maximum

MY OPPIONMY OPPION

Federal guidelines are not appropriate for Federal guidelines are not appropriate for crack cocaine, there needs to be more of crack cocaine, there needs to be more of a punishment for drug trafficking.a punishment for drug trafficking.

i would make the sentencing not a i would make the sentencing not a guideline but a requirement of at least 20 guideline but a requirement of at least 20 years for both powder Cocaine and solid years for both powder Cocaine and solid CocaineCocaine