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:

• Taking Booker and 3553(a) seriously
• Judge Presnell on fast-track disparity
• Judge Presnell assails DOJ (and pulls no punches)
• Judge Presnell speaks on 5K after Booker

Other notable sentencing opinions on crack sentencing:

Booker and crack/powder cocaine sentencing
Judge Adelman strikes again
Another (and different) view on the crack guidelines
More district court action on crack/cocaine disparity
Still more cracks in crack sentencing guidelines
Fourth Circuit on crack (guidelines, that is)
First Circuit rejects reduced crack/powder ratio