Sue Hartigan <[EMAIL PROTECTED]> writes: Judges Get More Power in Drug Cases > WASHINGTON (AP) -- The Supreme Court today gave federal > judges greater power to impose longer terms behind bars > for some convicted drug traffickers, unanimously > upholding the prison sentences given to five Illinois > men. > > Writing for the court, Justice Stephen G. Breyer said > it does not matter that a federal jury did not make > clear whether it found the men guilty of conspiring to > distribute cocaine in its powder or ``crack'' form. The > sentencing judge was free, Breyer said, to sentence the > men as if they had been convicted of dealing in both > illegal drugs. > > Under federal sentencing guidelines, the punishment for > crack-related crimes is much tougher than crimes linked > to powder cocaine. > > Vincent Edwards, Reynolds Wintersmith, Horace Joiner, > Karl Fort and Joseph Tidwell were convicted in 1993 for > their participation in a drug-selling conspiracy based > in Rockford, Ill. > > The trial judge told jurors they could convict the men > of violating a federal drug-conspiracy law if > prosecutors proved they were involved with measurable > amounts of powdered cocaine ``or'' crack cocaine. > > After the jury found the men guilty of participating in > an illegal conspiracy, the judge sentenced them based > on his finding that the illegal conduct had involved > both cocaine and crack. > > Fort and Wintersmith were sentenced to life in prison. > The other three received prison sentences ranging from > 10 to 26 years, and a federal appeals court upheld all > five sentences. > > All five men appealed, contending that they were > entitled to shorter sentences or even a new sentencing > proceeding. But today's ruling rejected those > arguments. > > ``The judge was authorized to determine for sentencing > purposes whether crack, as well as cocaine, was > involved,'' Breyer said, adding that the jury's belief > about which drugs were involved was beside the point. > > The case is Edwards vs. U.S., 96-8732. -- Two rules in life: 1. Don't tell people everything you know. 2. Subscribe/Unsubscribe, email: [EMAIL PROTECTED] In the body of the message enter: subscribe/unsubscribe law-issues
