The only way that the "Fair Sentencing Act of 2010" can be fair, is if it is Retroactive!

'Fair' is only 'fair' if it applies to all; therefore, the new law, must be retroactive, in order to ensure fairness for all.

We, the undersigned, appeal to the government to make the ?Fair Sentencing Act of 2010? retroactive. What is ?fair? today, should have been ?fair? on yesterday, and should be ?fair? on tomorrow.

Thank you, Senator Richard Durbin, for introducing the act. Thank you to Congress, for passing the act. Thank you to the President for signing the act. However, we would like to request that you take it a step further, and make it retroactive.

The federal laws passed in the early 1980?s were intended to target high-level drug market operators and not the many low-level street dealers. However, the laws attached an amount of cocaine to a mandatory sentence, which did not distinguish between the roles of each dealer. This in turn over the years causes a serious problem, which has been affecting many communities for the past 30 years. The sentences were extremely harsh for low-level dealers, because sentences were based solely on a quantity, and not reflective of each individual case, circumstances, or level of a dealer, in the drug market.

In a powder cocaine distribution chain, a crack-cocaine dealer is at the lowest end of the chain. However, their sentence is just as high, if not higher. The old laws were specifically targeted at crack-cocaine dealers, with little regard to powder-cocaine dealers. With 100:1 ratio between crack-cocaine and powder-cocaine, the disparity rate between sentences was extremely high. It has been proven that cocaine is cocaine, no matter which form that it is in. The government saw the problem in the old law and reformed it to an 18:1 ratio. Although this is still not equal, it is far better.

According to FBOP website, as of September 25, 2010, the total population was 209,714. Of that 100,369 (51.5%) were for drug offenses. 98,357 (50.4%) were sentenced 5-15 years. Up until 2007, many of the drug offenders were sentenced under the old guidelines. All of those offenders deserve the same fairness, which will be given to an individual that may commit the same crime today. Justice should not be a matter of receiving a lucky break, but a matter of receiving what is just and fair. It is understood that it is not feasible to release every offender that was sentenced, under the old laws. The punishment must fit the crime. However, every case should be reviewed on a case by case basis. Thus, we request that each individual sentenced under the old guideline is permitted to file a motion, requesting a downward departure, based on the ?Fair Sentencing Act of 2010?.

In closing, ?We pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation, under God, indivisible with liberty and justice for all.?

Respectfully submitted,

LaCotia Blue