Examining Crack Cocaine Sentencing in a Post- Kimbrough World

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134 AKRON LAW REVIEW [42:105
some have termed the “new crack.” 232 In 2006, Congress enacted the
first comprehensive methamphetamine law, which, surprisingly, focuses
less on tougher penalties and more on cutting off access to the
ingredients used to manufacture the drug. 233 In a separate bill that never
became law, the House Judiciary Committee, by a vote of 31-0, removed
the mandatory minimum penalties for methamphetamine included in an
earlier version of the legislation. 234 Finally, when the Commission
notified Congress it was lowering the Guidelines sentencing ranges for
certain crack offenses and offenders, it gave Congress six months to
comment on the proposed amendment. 235 The six-month review period
yielded no congressional action, and the amendment was adopted and
later made retroactive. 236 Congress’ silence on this matter may be telling
since the amendment specifically addressed the crack/powder
disparity. 237
Congressional action, however, not silence, is the only way to
redress the problems caused by the crack/powder sentencing scheme.
The time to act is now, Congress. We are waiting.
232. Press Release, U.S. Senate, Schumer: New Stats Show Crystal Meth Quickly Becoming
the New Crack—Seizures in New York Up 31% Over Last Year, (April 25, 2004),
http://www.senate.gov/~schumer/SchumerWebsite/pressroom/press_releases/2004/PR02593.Crystal
methsunpres042504.html (“Crystal meth is becoming the new crack, and we need tough new
penalties that treat it like crack.”).
233. Combat Methamphetamine Epidemic Act of 2005, Pub. L. No. 109-177, 120 Stat. 192
(2006).
234. Families Against Mandatory Minimums, Mandatory minimums stripped from federal
meth bill, H.R. 3889 (Nov. 10, 2005), http://www.famm.org/ExploreSentencing/Federal
Sentencing/BillsinCongress/Mandatoryminimumsstrippedfromfederalmethbill.aspx.
235. See supra note 176.
236. See id.
237. See supra note 75 and accompanying text (noting in 1995 Congress explicitly disapproved
the Commission’s amendment to reduce the 100-to-1 ratio).