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March 16, 2006

Judge Presnell on crack/powder disparity

District Judge Gregory Presnell, who long ago secured a place in my Sentencing Hall of Fame, today provides his take on the crack/powder debate and other Booker factors in US v. Hamilton, No. 6:05-cr-157-Orl-31JGG (M.D. Fla. Mar. 16, 2006) (available for download below).  Here is a snippet:

This arbitrary and discriminatory disparity between powder and crack cocaine implicates the Section 3553(a)(2)(A) factors.  Unless one assumes the penalties for powder cocaine are vastly too low, then the far-higher penalties for crack are at odds with the seriousness of the offense. The absence of a logical rationale for such a disparity and its disproportionate impact on one historically disfavored race promotes disrespect for the law and suggests that the resulting sentences are unjust.  Accordingly, these statutory factors weigh heavily against the imposition of a Guidelines sentence.

Download presnell_hamilton_opinion.pdf

Other notable sentencing opinions from Judge Presnell:

Other notable sentencing opinions on crack sentencing:

March 16, 2006 at 05:40 PM | Permalink


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Cheers for U.S. District Court Judge Gregory Presnell in Orlando, FL. Sentencing Law and Policy reports that in US v. Hamilton, (pdf) No. 6:05-cr-157-Orl-31JGG (M.D. Fla. Mar. 16, 2006), the Judge refused to apply the draconian federal crack cocaine gu... [Read More]

Tracked on Mar 17, 2006 1:44:36 AM


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