New Crack Laws Releasing Inmates

Memphis, Tn - The 1991 fictional blockbuster movie, "New Jack City" was art's wildly violent, sexy and lurid interpretation of the meteoric rise of crack cocaine drug use in the 80's. But, the fatal attraction of the synthetically manufactured drug and the youthful embrace of it's addiction, especially in America's down-trodden inner cities, created shock waves of horror and pledges from the legal system to come down hard on those who possessed it or dealt in it's sale.

"They thought that it was so detrimental to society that it warranted extreme sentences," said North Mississippi Federal Public Defender Greg Parker.

Kevin Wiley felt the full force of that hammer, "He said I had 235 grams…and they gave me 27 years. They say I was the organizer of the case. Because I organized the trip to Memphis."

47-year-old Wiley is now a free man. After serving 17 years of his life behind bars, following his arrest for crack cocaine trafficking in the mid-80's, two dramatic sentence reductions by federal judges returned him to society 4 months ago.

The former Rust College student, with no priors before his arrest, is one of an estimated 12,000 former and current federal prisoners nationwide who are the beneficiaries of changes in federal sentencing guidelines. Second chances, brought about by the second thoughts in judgment culminated in 2010's Fair Sentencing Act.

"What it did was somewhat bridge the gap between the ratio of sentences for crack-cocaine and powered cocaine," said West. Dist. Attorney Gerneral Ed Stanton III. "Before this act went into place an individual could be convicted of a drug crime selling crack-cocaine. Five grams for instance, it would take 100 times that amount, 500 grams of powdered cocaine to see the same sentencing."

"Under the law as it stands today you would have to have at least 280 grams to have a mandatory minimum sentence of 10 years," said Parker.

A previous disparity in sentencing which critics of the judicial system had for years alleged ran smack down racial lines since African American arrests on crack charges were more prevalent than whites on cocaine. Wiley reflects the only color he was interested in while drug peddling was neither black or white.

"Once you see that fast money or money accumulating that you couldn't get while getting a job. It's about if you don't know much you can't do much," said Wiley.

But, with Wiley being among nearly 1,500 inmates released nationwide last November when the change took effect and with more than 2,300 poised to join them, in 6 months or less than a year, have the floodgates for drug slinging dangerous felons been opened too much? Well, if you think that you're probably on.........?

"Through our office in this district, there were 29 people who were eligible for roughly a time served sentence. There are other people we would estimated maybe 175 to 200 that will be eligible for some type of relief. But, they will not be released immediately," said Parker.

"The floodgates will not be open and every person convicted for selling crack-cocaine will not automatically be released. There's certain guidelines and framework that the statute contemplates," said Stanton. "Ultimately the final individual who will make decision is a district judge."

Yet, some of the sentence reductions are having a direct effect on prison populations. In Arkansas, a statewide prison population of 16,400 in November has been decreased to just over 15,000 in February. As Mississippi public defender Parker notes, the judicial system is beginning to realize "hard time" isn't always the key to rehabilitation for some drug offenders.

"You see drug courts that are sprouting up in the state and federal system throughout the country. And what they've learned is that through counseling and treatment they can not only prevent crime, but they can also decrease recidivism," he said. "You can get those people back on track where they are productive. They have jobs. Where they're being tested regularly. They're not a danger to themselves or society in general."

Wiley hopes to start up a business and catch up on missed time, "Everybody say a long time. I figure that when you die that's a long time. So, while you here you need to enjoy it."