DRCNet
DRCNet Activist Guide 8/94


Vacancies on The U.S. Sentencing Commission

The US Sentencing Commission disappointed sentencing reform advocates last winter when it chose not to consider a number of sensible but politically volatile amendments to the federal sentencing guidelines. Among these amendments were two submitted by FAMM; a marijuana amendment, to align per-plant weight equivalencies used for 50 marijuana plants or more with plants 1-49; and a crack cocaine amendment, to equalize penalties for crack and powder cocaine. Currently, an individual who grows 50 marijuana plants receives a sentence three times as long as one who grows only 49 plants; and penalties for crack cocaine (used mainly by blacks) are much harsher than penalties for powder cocaine (used mainly by whites).

The Sentencing Commission has in the past been willing to make meaningful reforms, notably the retroactive LSD reductions in 1993. This year, however, the commission chose not to vote on any potentially volatile amendments because it is working without a full complement of members. The Sentencing Commission is supposed to have seven commissioners; however, since 1992 it has had only three full commissioners and two temporary commissioners who are serving only until President Clinton appoints replacements for them. Neither President Bush nor President Clinton has acted on these vacancies.

The commission may or may not approve FAMM's amendments next year, but without a fuller complement of judges, it is unlikely to even take a vote on them. DRCNet suggests contacting the following individuals to urge them to take action on filling the Sentencing Commission's vacancies:

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DRCNet
DRCNet Activist Guide 8/94

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