May 19, 2011 ‘The Honorable Eve Holder Attomey General USS. Department f Justice ‘Washington, DC 20830-0001 Dear Attomey eral Holder: ‘We write urging the Department of Justice to support retroactive application ofthe United States Sentencing Commission's revised sentencing guideline for erack cocaine. The Sentencing Commission is currently considering whether to make the erack cocaine tuideline reduction it adopted alter enactment ofthe Fair Sentencing Act retroactive. Retroactive application ofthe revised guideline isthe necessary next step in addressing the unr, unjustified and racially discriminatory disparity in the treatment ofthe powder and erack Forms of eacaine. The Department of Justice must demonstrate strong suppoet for retroactive application of the guidelines to ensure that this next step is taken You as well asthe President, Vice President and others inthe Administration, have played an essential role in seeking to eliminate the 100 to 1 sentencing disparity in the ‘reatment of the powder and erack forms of cocaine, AS you stated, the “Administration firmly believes tht the disparity in erack und powder cocaine sentences is unwarranted, creates a perception of unfaimess, and must be eliminated.” With the Administration's leadership, Congress enacted the Fair Sentencing Act, significantly reducing the disparity in the treatment othe two forms of cocaine, Even though it did not eliminate the sisparty in its entirety, an act the Sentencing Commission had concluded would do more to reduce the sentencing gap between blacks a change” and would "“dramatieally the Fait Sentencirg Act is the most important step to date towards fi iseriminatory drug sentencing. ntencing system.” Now the Sentencing Commission is considering whether to apply its guidelines implementing the Fair Sentencing Act to individuals currently serving sentences under the prior provisioss. In the past when the Sentencing Commission acted to mitigate the Lnfaimess of crace sentences, it applied its guidelines rettoactively ~ allowing individuals currently incarcerated an opportunity fora fairer sentence. It would be a travesty not to dd so in this circunstance. Continuing to incarcerste people pursuant to the discredited racially discriminatory former policy would undermine the progress that has boen made towards fairies The Administratcn has been a leader in addressing the sentencing disparity between powder and erack cocaine. Now isnot the time to stop leading. It is incumbent upon the Depariment of Justice to support retroactive application othe revised SentencingCommission guideline. We urge you to not miss this opportunity to again demonstrate the Administration's commitment to fair, racially unbiased sentencing f Pafton Wade Henderson President and Dirstor-Counsel President and CEO. NAACP Legal Defense and Educational “The Leadership Conference on Fund, Ine fa ty pd ee Laura W. Murphy i Rights Director restive Ditector American Civi Lites Union The Lawyer Commitee for Ci Washington legate Oce igs Under Law A ALS ay Vim. &, Ser Bon Paeeutve Discer Presiden of National Action Chases Hanon Institute and Networks ne Jesse Climenko Potesse of Law Harvard Law Seino! Director, NAACP Washington Bureau & Senior Vice President for Advocaey’and Policy