Cohen Votes to Support Fair Sentencing Act

WASHINGTON, D.C. – Congressman Steve Cohen (TN-9) today voted to support bipartisan legislation -- the Fair Sentencing Act (S. 1789) – to reduce the sentencing disparity between crack and powder cocaine and significantly increases criminal penalties for serious drug offenders.

“The federal sentencing disparity between crack and powder cocaine is unfair,” said Congressman Cohen. “The Fair Sentencing Act reduces that disparity while also significantly increasing criminal penalties for the serious drug offenders that prey on our neighborhoods.”

Under current federal law, possessing five grams of crack cocaine is subject to the same mandatory minimum sentence as selling 500 grams of powder cocaine. This creates a 100:1 crack-powder sentencing disparity.

The bipartisan U.S. Sentencing Commission and the Judicial Conference of the United States both support reducing the crack-powder disparity. According to the Sentencing Commission, reducing the disparity “would dramatically improve the fairness of the federal sentencing system.”

This bill would establish an 18:1 crack-powder ratio, which reflects a bipartisan compromise that was reached in the Senate Judiciary Committee. This 18:1 ratio responds to concerns raised by many in law enforcement who agree that the 100:1 disparity is unjustified, but argue that crack is associated with greater levels of violence and therefore should be subject to tougher penalties.

The bill also includes tough new mandatory sentencing enhancements for all drug offenses. It significantly increases sentences for drug offenders involved in aggravating factors, including bribing law enforcement; maintaining an establishment for drug manufacturing or distribution; involving minors, seniors, or vulnerable victims in the offense; importing drugs; intimidating witnesses; tampering with evidence; or obstructing justice.

This bill is supported by numerous law enforcement organizations, including the National District Attorneys Association, National Association of Police Organizations, Federal Law Enforcement Officers Association, and International Union of Police Associations. It is also supported by other organizations that include the National Association of Evangelicals, Prison Fellowship, NAACP, Leadership Conference on Civil and Human Rights, and the American Bar Association.