Should the police seperate illegal college educated from his family man human rights abuse?
Question by I’m gonna start another riot: Should the police seperate illegal college educated from his family man human rights abuse?
Varlan, however, not only refused to lower Erazo’s penalty range but actually boosted his sentence from the minimum 151 months to 160 months, or just more than 13 years.
“The court certainly is aware of the (U.S.) Department of Justice’s stated position (and) while the court recognizes the discretion of the court (to lower the punishment), the court is mindful the defendant led a conspiracy involving the distribution of large quantities of crack cocaine while in the U.S. illegally,” Varlan said.
Crack burst onto the drug scene in the 1980s. To make crack, a peddler mixes powder cocaine with various additives and literally cooks it on a stovetop, transforming it into pebble-sized crystals dubbed “rocks.”
It was an immediate hit. At $ 20 a rock, it was far cheaper and, therefore, more accessible than the $ 100 price for a gram of cocaine. It was said to trigger a quicker “high” than its powder counterpart and a more potent one.
As its popularity grew, so did the number of dealers. Violent turf wars ensued, particularly in inner cities. To try to stop what was becoming viewed as a pandemic, Congress mandated tougher penalties. The U.S. Sentencing Commission, in turn, crafted a sentencing formula that made one gram of crack equal 100 grams of powder. So, a dealer caught peddling 10 grams of crack faced the same penalty as a dealer pushing an entire kilogram of powder.
Decades later, a sea change is under way, with a push to eliminate that ratio-based sentencing formula. The sentencing commission two years ago dropped the ratio from 100:1 to 80:1. The U.S. Supreme Court has ruled judges are free to ignore the ratio. Congress is considering erasing the ratio altogether via legislation, and the Obama administration has gone on record supporting the move.
Erazo’s defense attorney, Charles Poole, noted the Justice Department’s new position in his brief on Erazo’s behalf. He also pointed out the nation’s highest court is allowing federal judges to “deviate from that ratio and decide what is the fair and appropriate sentence.”
Federal prosecutors David Jennings and Melissa Millican countered that although there is a growing movement to eliminate the “crack disparity,” it is not a done deal.
“Congress has not acted to change the law since this administration took office,” Jennings said. “And, we don’t know if they will.”
Millican also noted that her bosses in the Justice Department have made clear that while they support a move to strike down the sentencing formula, they aren’t pushing to coddle criminals.
“Considering (Erazo) led a conspiracy to traffic in large quantities of narcotics in the United States while illegally present, it is clear that he falls within the category of persons the Department of Justice would not recommend a lighter sentence or elimination of the crack/powder disparity,” Millican wrote.
As for Erazo, he demanded a new court-appointed attorney – his fifth – and a taxpayer-funded appeal.
It’s not clear why Erazo came to the U.S. from Honduras, where his three children, wife and parents live. A college graduate, Erazo held midlevel management positions in his native country. Poole wrote that Erazo insisted he made more money as a “painter” in the U.S. than as a manager in Honduras.
Erazo will be deported after he completes his prison term.
http://www.knoxnews.com/news/2010/jun/23/judge-offers-no-sentence-break-in-crack-drug/
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Whats your point???? We have American citizens doing time now for selling crack! So again, problem here is what?
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