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74-492: The Anti-Drug Abuse Act of 1986 implemented the initial disparity, reflecting Congress's view that crack cocaine was a more dangerous and harmful drug than powder cocaine . In the decades since, extensive research by the United States Sentencing Commission and other experts has suggested that the differences between the effects of the two drugs are exaggerated and that the sentencing disparity

148-554: A U.S. senator from 1997 to 2003 before being defeated for reelection by Arkansas Attorney General Mark Pryor , a Democrat , in 2002. Asa and Tim Hutchinson are both graduates of Bob Jones University . Tim Hutchinson's identical twin sons, Jeremy and Timothy Chad Hutchinson, were the first twins to serve together in the Arkansas General Assembly , both as members of the House of Representatives . Asa Hutchinson

222-465: A house manager (prosecutor) in the impeachment trial of Bill Clinton . In office, Hutchinson compiled a voting record as conservative as his brother's. He led efforts to crack down on illegal drugs, particularly methamphetamine . Hutchinson also served as one of the managers of the impeachment trial of President Bill Clinton in 1998. In 1999, Hutchinson was involved in the effort to reform campaign finance laws and offered an alternative proposal to

296-415: A bill that would make it illegal for transgender minors to receive gender-affirming medication or surgery , calling it "a vast government overreach". The state legislature later overrode his veto. In August 2021, Hutchinson signed bills into law that prohibited businesses and government facilities from requiring proof of COVID-19 vaccination for staff and customers to enter facilities. While Arkansas

370-922: A division of the DHS. The Senate confirmed Hutchinson by unanimous consent on January 23, 2003. Hutchinson left office as Undersecretary on March 1, 2005. In early 2005, Hutchinson founded a consulting firm, Hutchinson Group, LLC, with partners Betty Guhman and Kirk Tompkins, in Little Rock , and accepted a contract for a one-year position with Venable LLP in Washington, D.C., as the chair of its Homeland Security practice. Hutchinson ended his contract with Venable LLP in March 2006 to focus on his gubernatorial campaign and his consulting firm in Little Rock. In January 2007, Hutchinson rejoined Venable. In June 2006,

444-466: A drug trafficking offense. The National Sheriffs' Association (NSA) opposed the bill, stating that "Both crack and powder cocaine are dangerous narcotics and plights on communities throughout the United States. ... NSA would consider supporting legislation that would increase the sentence for powder cocaine, rather than significantly reducing the sentence for crack cocaine." On July 29, 2009,

518-402: A factor in his decision. He added, "I think he did a lot of good things for our country, but we need to go a different direction". On April 2, 2023, during an interview with ABC News ' Jonathan Karl , Hutchinson announced his candidacy for the 2024 Republican Party presidential primaries . Toward the beginning of his campaign Hutchinson distinguished himself as a Trump critic, calling for

592-474: A group with backgrounds in homeland security , law enforcement training, and school safety to review school security standards in select areas of the country. Led by Hutchinson, the group's stated goal was to produce a comprehensive plan to address the safety of children in schools and to prevent such shootings in the future. On April 2, 2013, he presented the National School Shield plan during

666-532: A news conference at the National Press Club. Shortly after returning to Arkansas, Hutchinson announced his candidacy for governor in 2006. Initially, he was to face three-term Lieutenant Governor Winthrop Paul Rockefeller , who was favored in most pre-election polls, in the Republican primary. But Rockefeller's withdrawal and death from a blood disorder in early 2006 led to Hutchinson winning

740-438: A person found with five grams of crack cocaine faced a five-year mandatory minimum prison sentence, a person holding powder cocaine could receive the same sentence only if he or she held five hundred grams. Similarly, those carrying ten grams of crack cocaine faced a ten-year mandatory sentence, while possession of one thousand grams of powder cocaine was required for the same sentence to be imposed. At that time, Congress provided

814-541: A private-equity firm that had former CIA Director James Woolsey among its partners. On May 4, 2006, Hutchinson had filed a financial disclosure form he was required to submit as a candidate for governor. The form did not list his 200,000 shares in Fortress America, which were trading at about $ 5 per share. "Just totally an oversight", Hutchinson said when questioned by the media in June. He filed an amended report

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888-619: A provision that created the disparity between federal penalties for crack cocaine and powder cocaine offenses, imposing the same penalties for the possession of an amount of crack cocaine as for 100 times the same amount of powder cocaine. The law also contained minimum sentences and other disparities between the two forms of the drug. In the three decades prior to the passing of the Fair Sentencing Act, those who were arrested for possessing crack cocaine faced much more severe penalties than those in possession of powder cocaine. While

962-430: A report on the effectiveness of a Department of Justice grant program to treat nonviolent drug offenders would cost less than $ 500,000 from appropriated funds. On October 15, 2010, the U.S. Sentencing Commission voted 6–1 to approve a temporary amendment to federal sentencing guidelines to reflect the changes made by the Fair Sentencing Act. The Commission changed the sentencing guidelines to reflect Congress's increasing

1036-437: A result, thousands of people – mostly African Americans – have received disproportionately harsh prison sentences." In 2002, the United States Sentencing Commission "found that the ratio was created based upon a misperception of the dangers of crack cocaine, which had since been proven to have a less drastic effect than previously thought." In 2009, the U.S. Sentencing Commission introduced figures stating that no class of drug

1110-419: A statement saying that "perceived improper racial disparity fosters disrespect for and lack of confidence in the criminal justice system." According to U.S. Senator Dick Durbin , "The sentencing disparity between crack and powder cocaine has contributed to the imprisonment of African Americans at six times the rate of Whites and to the United States' position as the world's leader in incarcerations." Although

1184-573: A third term in the House in order to seek the open Senate seat caused by the retirement of David Pryor , Hutchinson ran for the seat and won. Hutchinson, who had at first decided to run for an open seat in the Arkansas House of Representatives from Sebastian County, defeated Ann Henry, a longtime friend of Bill and Hillary Clinton , in November 1996. Although Henry outspent Hutchinson during

1258-402: A weapon, compared to only 16% for powder cocaine. The organization also stated that the enhanced penalties for crack cocaine "have proven useful, and a better course of action would have been to instead raise the penalties for powder cocaine crimes." The Fair Sentencing Act includes a provision to account for such aggravated cases, allowing penalties to be increased for the use of violence during

1332-536: Is an American attorney, businessman, and politician who served as the 46th governor of Arkansas from 2015 to 2023. A member of the Republican Party , he previously served as a U.S. attorney , U.S. representative , and in two roles in the George W. Bush administration . He was a candidate for the 2024 Republican presidential nomination . In 1982, President Ronald Reagan appointed Hutchinson to serve as

1406-472: Is as racially skewed as crack in terms of numbers of offenses. According to the data, 79% of 5,669 sentenced crack offenders were black, while only 10% were white and 10% were Hispanic. The figures for the 6,020 powder cocaine convictions, in contrast, were as follows: 17% of these offenders were white, 28% were black, and 53% were Hispanic. Combined with a 115-month average imprisonment for crack offenses, compared with an average of 87 months for cocaine offenses,

1480-416: Is unwarranted. Further controversy surrounding the 100:1 ratio was a result of its description by some as being racially biased and contributing to a disproportionate number of African Americans being sentenced for crack cocaine offenses. Legislation to reduce the disparity has been introduced since the mid-1990s, culminating in the signing of the Fair Sentencing Act. The Act has been described as improving

1554-572: Is where we're going to face a lot of concerns on the compassion side." In 2015, Hutchinson signed into law legislation that would prohibit localities from extending civil rights protections to LGBT individuals. At the time, Arkansas was among states that allowed discrimination in the workplace, housing and business on the basis of gender identity and sexual orientation . In March 2021, Hutchinson signed into law legislation that would allow doctors to refuse non-emergency medical treatment to LGBT people based on moral objection. In April 2021, he vetoed

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1628-671: The Arkansas Democrat-Gazette reported that Hutchinson's $ 2,800 investment in Fortress America Acquisition Corporation, a company that Hutchinson was advising, was worth over $ 1 million after the company's initial public offering . The news story noted that Hutchinson was unable to touch his stock for another two years. The six founding shareholders in Fortress America, in addition to Hutchinson, included former U.S. Representative Tom McMillen , former U.S. Senator Don Nickles , and

1702-488: The Biden administration 's vaccine requirements. Hutchinson demanded that Republicans who tried to overturn the 2020 presidential election and spread Donald Trump 's " Big Lie " about mass voter fraud not be put in positions of leadership. He also accused Trump of dividing the party and said his election conspiracies were a "recipe for disaster". On February 5, 2022, Hutchinson and U.S. senator Lisa Murkowski condemned

1776-680: The House of Representatives , Sheila Jackson Lee (D-TX) sponsored the Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007 (H.R. 4545), the companion to Biden's proposed bill. Charles Rangel sponsored the Crack-Cocaine Equitable Sentencing Act of 2007 (H.R. 460), a bill he had been introducing since the mid-1990s that would have equalized cocaine sentencing and eliminated specified mandatory minimum penalties relating to

1850-623: The Republican National Committee 's censure of representatives Adam Kinzinger and Liz Cheney for their support of and participation on the House Select Committee tasked with investigating the January 6 United States Capitol attack . In May 2022, Hutchinson said he would consider running for president in 2024 even if former President Donald Trump ran again and that Trump's candidacy would not be

1924-750: The United States House Committee on the Judiciary passed proposed legislation, the Fairness in Cocaine Sentencing Act (H.R.3245), a bill sponsored by Bobby Scott . Co-sponsored by a group of 62 members of the U.S. House of Representatives , including Dennis Kucinich and Ron Paul , the bill would have eliminated the sentencing disparity. The Fair Sentencing Act was introduced as compromise legislation to get bipartisan and unanimous support, amended to merely reduce

1998-595: The University of Arkansas School of Law in 1975. He practiced law in Fort Smith for 21 years and handled more than 100 jury trials. In 1982, President Ronald Reagan appointed Hutchinson U.S. attorney for the Western District of Arkansas . At age 31, Hutchinson was the nation's youngest U.S. attorney. He made national headlines after successfully prosecuting The Covenant, The Sword, and The Arm of

2072-443: The decision by the Republican National Committee (RNC) to require candidates wishing to participate in the primary debate to sign a loyalty pledge saying they would support the eventual Republican nominee, stating he would not vote for Trump if convicted on federal charges. Because of the debate conditions, Hutchinson organized a meeting between RNC officials and one of his staffers. The staffer, on behalf of Hutchinson, requested that

2146-478: The 100:1 disparity to 18:1. The Fair Sentencing Act (S. 1789) was authored by Assistant Senate Majority Leader Dick Durbin (D-IL) and cosponsored by Judiciary Committee Chairman Patrick Leahy (D-VT) and ranking member Jeff Sessions (R-AL). The bill passed the U.S. Senate on March 17, 2010, and passed the U.S. House of Representatives on July 27, 2010, with House Majority Whip James E. Clyburn (D-SC) and Bobby Scott (D-VA) as key supporters. The bill

2220-534: The 100:1 federal sentencing ratio remained unchanged from 1986 to 2010, two U.S. Supreme Court cases provided lower courts with discretion in determining penalties for cocaine convictions. Kimbrough v. United States (2007) and Spears v. United States gave lower courts the option to set penalties and allowed judges who disagreed with the Federal Sentencing Guidelines to depart from the statutory ratio based on policy concerns. In 2009,

2294-516: The 100:1 sentencing disparity in 1994 after a year-long study on the differing penalties for powder and crack cocaine required by the Omnibus Violent Crime Control and Law Enforcement Act . The Commission found that the sentencing disparity was unjustified due to the small differences between the two forms of cocaine, and advised Congress to equalize the quantity ratio that would trigger mandatory sentences. Congress rejected

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2368-745: The Act does not reduce sentences for those prosecuted under state law, and state prosecutions account for a vast majority of incarcerations for drug-related offenses. Anti-Drug Abuse Act of 1986 Too Many Requests If you report this error to the Wikimedia System Administrators, please include the details below. Request from 172.68.168.150 via cp1114 cp1114, Varnish XID 915909764 Upstream caches: cp1114 int Error: 429, Too Many Requests at Thu, 28 Nov 2024 08:32:11 GMT Asa Hutchinson William Asa Hutchinson II ( / ˈ eɪ s ə / , AY-sə ; born December 3, 1950)

2442-491: The Commission again called for reducing sentencing disparities in its Report to Congress based on extensive research and testimony by medical and scientific professionals, federal and local law enforcement officials, criminal justice practitioners, academics, and civil rights organizations. Congress first proposed bipartisan legislation to reform crack cocaine sentencing in 2001, when Senator Jeff Sessions (R-AL) introduced

2516-741: The DNC for attacking someone who shared their opposition to Trump. White House Chief of Staff Jeff Zients later called Hutchinson to apologize for the DNC's statement. Days before the New Hampshire primary , Hutchinson endorsed Nikki Haley . After Trump won the primaries, Hutchinson said he planned to write-in a name for president in the general election, refusing to vote for Trump or Democratic nominee Kamala Harris . Hutchinson has four children with his wife, Susan Burrell. Hutchinson's older brother, Tim , preceded him as U.S. representative from Arkansas' 3rd congressional district and served as

2590-630: The Drug Enforcement Administration . In 2003, Bush appointed Hutchinson as the Under Secretary for border and transportation security at the newly established Department of Homeland Security ; Hutchinson retired from the Bush administration in 2005. In 2006 , Hutchinson was the Republican nominee for governor of Arkansas, but lost to Democratic nominee Mike Beebe , the state attorney general . In 2014 , Hutchinson

2664-515: The Drug Sentencing Reform Act. This proposal would have raised the amount of crack cocaine necessary for a five-year mandatory minimum from 5 grams to 20 grams and would have lowered the amount of powder cocaine necessary for the same sentence from 500 grams to 400 grams, a 20:1 ratio. During the 110th United States Congress , seven crack cocaine sentencing reform bills were introduced that would have reduced

2738-679: The Lord (CSA), a white supremacist organization founded by polygamist James Ellison . The CSA forced a three-day armed standoff with local, state, and federal law enforcement. As U.S. attorney, Hutchinson personally negotiated a peaceful conclusion to the standoff. In 1986, Hutchinson ran against incumbent Democratic U.S. senator and former governor Dale Bumpers . It was a good year for Democrats, and Hutchinson fared worse than Bumpers's previous Senate challenger, Little Rock investment banker William P. "Bill" Clark. In 1990, Hutchinson ran against Winston Bryant for attorney general of Arkansas; he lost

2812-556: The RNC amend the debate requirements to accommodate Hutchinson's concerns; the RNC rejected his request. Hutchinson ultimately decided to sign the pledge, but when candidates were asked during the debate to raise their hand if they would still support Trump as the party's nominee if he were convicted, he and Chris Christie were the only ones not to do so. Hutchinson failed to make any of the other debates, with his poll numbers remaining at around one percent nationally. He would drop out of

2886-488: The U.S. Attorney for the Western District of Arkansas , which covers most of Fort Smith . In 1986 , Hutchinson unsuccessfully challenged Democratic U.S. Senator Dale Bumpers , before losing a race for Attorney General of Arkansas to Winston Bryant four years later. He later successfully ran for the House of Representatives in 1996, representing Arkansas's 3rd congressional district until 2001, when president George W. Bush successfully nominated him as Administrator of

2960-487: The U.S. District Courts for the Western District of Pennsylvania, Western District of Virginia and District of Columbia used these cases to create one-to-one sentencing ratios of crack cocaine to powder cocaine. United States v. Booker (2005) and Blakely v. Washington (2004) also weakened the sentencing guidelines as a whole by making them advisory. The U.S. Sentencing Commission first called for reform of

3034-456: The United States , and 46th U.S. President Joe Biden sponsored the Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007 (S. 1711), which would have eliminated the disparity by increasing the amount of crack cocaine required for the imposition of mandatory minimum prison terms to those of powder cocaine. Both of these bills would have eliminated the five-year mandatory minimum prison term for first-time possession of crack cocaine. In

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3108-434: The addictive nature of both crack and powder cocaine and concluded that one was no more addictive than the other. The study explored other reasons why crack is viewed as more addictive and theorized, "a more accurate interpretation of existing evidence is that already abuse-prone cocaine users are most likely to move toward a more efficient mode of ingestion as they escalate their use. The Los Angeles Times commented, "There

3182-405: The amendment permanent on June 30, 2011. Effective November 1, 2011, the Fair Sentencing Act of 2010 applies retroactively to reduce the sentences of certain offenders already sentenced for federal crack cocaine offenses before the passage of the bill. However, the nonprofit organization Families Against Mandatory Minimums , a major advocate of the Fair Sentencing Act, has lobbied Congress to make

3256-431: The amount of crack cocaine that would trigger a five-year mandatory minimum sentence from 5 grams to 28 grams (one ounce) and the amount that would trigger a ten-year mandatory minimum from 50 grams to 280 grams. The amendment also lists aggravating factors to the guidelines, creating harsher sentences for crack cocaine offenses involving violence or bribery of law enforcement officials. The commission made

3330-529: The bill by Christopher Shays and Marty Meehan , which he opposed on the grounds that it "went too far" by attempting to ban television commercials by legal third-party organizations. Hutchinson did support John McCain 's and Russ Feingold 's Senate bill. Hutchinson unsuccessfully tried to modify the civil asset forfeiture reform bill that sought to prevent police abuse of its power to seize private property on mere suspicion of being linked to any criminal investigation. His amendment would allegedly have empowered

3404-442: The campaign, the district's heavy Republican tilt and his brother Tim's presence atop the ballot helped Asa win with 52% of the vote. Tim Hutchinson also won his campaign for the U.S. Senate and served one term, losing his reelection bid in 2002 . In 1998, Hutchinson was reelected to the House with far less difficulty, taking 81% of the vote against a third party challenger. He was reelected unopposed in 2000. Hutchinson served as

3478-475: The chances for a review by the U.S. Supreme Court." On May 8, 2022, Hutchinson responded to comments by Senate Minority Leader Mitch McConnell about potential passage of a future federal law prohibiting abortions nationwide: "If the court reverses Roe v. Wade, they're saying that the Constitution does not provide that, which returns it to the states. And that's where the vigorous debate is going to be. That

3552-432: The commission's recommendations for the first time in the commission's history. In April 1997, the Commission again recommended a reduction in the disparity, providing Congress with a range from 2:1 to 15:1 to choose from. This recommendation would have raised the quantity of crack and lowered the quantity of powder cocaine required to trigger a mandatory minimum sentence. Congress did not act on this recommendation. In 2002,

3626-492: The enactment of the Fair Sentencing Act. The Congressional Budget Office has estimated that implementing the Fair Sentencing Act of 2010 will reduce the prison population by 1,550 person-years over the time period from 2011 to 2015, creating a monetary savings of $ 42 million during that period. The CBO also estimates that the Act's requirement for the Government Accountability Office to conduct

3700-505: The entire act retroactive. According to Gil Kerlikowske , Director of the Office of National Drug Control Policy , "there is no scientific basis for the disparity and by promoting laws and policies that treat all Americans equally, and by working to amend or end those that do not, we can only increase public confidence in the criminal justice system and help create a safer and healthier nation for us all." Progressives argue for elimination of

3774-501: The fairness of the federal criminal justice system, and prominent politicians and non-profit organizations have called for further reforms, such as making the law retroactive and complete elimination of the disparity (i.e., enacting a 1:1 sentencing ratio). The use of crack cocaine increased rapidly in the 1980s, accompanied by an increase in violence in urban areas. In response, the Anti-Drug Abuse Act of 1986 included

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3848-417: The following five reasons for the high ratio: crack cocaine was more addictive than powder cocaine; crack cocaine was associated with violent crime; youth were more likely to be drawn to crack cocaine; crack cocaine was inexpensive, and therefore more likely to be consumed in large quantities; and use of crack cocaine by pregnant mothers was dangerous for their unborn children. A study released in 1997 examined

3922-506: The former president to drop out of the race after being indicted by a New York grand jury . After Trump was indicted by a federal grand jury for mishandling classified documents , Hutchinson criticized other Republican presidential candidates for saying they would pardon Trump if elected. He also rebuked allegations made by fellow Republicans that the Department of Justice had been "weaponized" against Trump. Hutchinson came out against

3996-527: The largest margin of victory for a Republican candidate in Arkansas history. Hutchinson took office as governor on January 13, 2015. On November 16, 2015, Hutchinson said that he would block all Syrian refugees from entering the state in response to the November 2015 Paris attacks . Under Hutchinson, Arkansas resumed executions in 2017 after having executed no one since 2005. In 2021, DNA testing on

4070-550: The murder weapon and a bloody shirt at the scene of the crime did not match Ledell Lee , who was convicted and executed for murder. Hutchinson defended Lee's execution, saying, "the DNA findings released today do not present any conclusive evidence to undermine [Lee's guilty verdict]." As governor, Hutchinson implemented work requirements for Medicaid enrollees. As a result, by December 2018, almost 17,000 Arkansans had lost their Medicaid health insurance, with reapplication available in

4144-560: The new calendar year. In February 2019, Hutchinson signed a bill into law that would criminalize abortion in the event Roe v. Wade is overturned. On March 9, 2021, he signed SB6, a near-total abortion bill, into law. He said that the bill was intended "to set the stage for the Supreme Court overturning current case law . I would have preferred the legislation to include the exceptions for rape and incest , which has been my consistent view, and such exceptions would increase

4218-630: The next day to correct the error. Hutchinson agreed to serve on The Constitution Project's Guantanamo Task Force in December 2010. He told the Associated Press he agreed to join the task force because he believed it was "something important for our national security and our war on terrorism." In the wake of the shooting at Sandy Hook Elementary School , the National Rifle Association of America (NRA) assembled

4292-743: The organization for 2021–2022. In 2023 he announced his candidacy in the 2024 Republican Party presidential primaries . He suspended his campaign on January 16, 2024, after a poor performance in the Iowa caucuses . In April 2024, he joined Scripps News as a political contributor. Hutchinson was born in Bentonville, Arkansas , the son of Coral Virginia (Mount) Hutchinson (1912–1998) and John Malcolm Hutchinson Sr. (1907–1991). He earned his bachelor's degree in accounting from Bob Jones University in South Carolina in 1972 and received his J.D. from

4366-632: The police to continue profiting from drug money. In 2001, at the beginning of the George W. Bush administration , Hutchinson was appointed Administrator of the Drug Enforcement Administration (DEA). He was confirmed by a 98–1 Senate vote. After the September 11 attacks , Congress created the Department of Homeland Security (DHS). President Bush tapped Hutchinson to lead the Border and Transportation Security Directorate,

4440-488: The primary. In the general election, he lost to the Democratic nominee, then- Arkansas Attorney General Mike Beebe . Hutchinson was the Republican nominee for governor of Arkansas in 2014. He was supported by House Speaker Davy Carter . On November 4, 2014, after defeating Tea Party-backed Curtis Coleman in the Republican primary, he defeated the Democratic nominee, Mike Ross , in the general election with 55% of

4514-607: The race by a margin of 55–45%. Hutchinson then became co-chair, with Sheffield Nelson , of the Arkansas Republican Party, a position he held from 1991 through 1995, the last four years as full chair. He considered a rematch with Bumpers in 1992 before deferring to Mike Huckabee , who lost to Bumpers. In 1992 Hutchinson's brother, Tim , was elected to Congress in Arkansas's third congressional district, when veteran U.S. Representative John Paul Hammerschmidt retired. In 1996, when his brother decided not to run for

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4588-560: The race on January 16, the day after he earned only 191 votes in the Iowa caucuses , fewer votes than every other candidate, including little-known candidate Ryan Binkley . Following Hutchinson's withdrawal, the Democratic National Committee (DNC) issued a statement mocking Hutchinson's campaign, "This news comes as a shock to those of us who could’ve sworn he had already dropped out." The statement elicited condemnation from anti-Trump conservatives who chastised

4662-565: The sentencing disparity altogether and believe that the impact of the bill on racial disparities in drug enforcement may be limited for several reasons. First, while the bill reduces the ratio between crack and powder cocaine sentencing, it does not achieve full parity. Second, the Act does not address the enforcement prerogatives of federal criminal justice agencies: while African-American defendants account for roughly 80% of those arrested for crack-related offenses, public health data has found that two-thirds of crack users are white or Hispanic. Third,

4736-621: The sentencing disparity between crack and powder cocaine offenses without increasing mandatory sentences. In the Senate, Orrin Hatch (R-UT) sponsored the Fairness in Drug Sentencing Act of 2007 (S. 1685) that would have created a 20:1 ratio by increasing the five-year quantity trigger for mandatory minimum sentences for crack cocaine to 25 grams and leaving the powder cocaine level at 500 grams. Former senator, former Vice President of

4810-407: The sentencing disparity results in more African-Americans spending more time in the prison system. Asa Hutchinson , the former administrator of the Drug Enforcement Administration under President George W. Bush , commented that because of the disparate treatment of these two offenses, "the credibility of our entire drug enforcement system is weakened." The U.S. Sentencing Commission also released

4884-574: The severe sentences for crack cocaine were justified by a high correlation between crack cocaine arrests and both violent crime and past criminal history. The Fraternal Order of Police , a national organization of law enforcement officers, also opposed the Act. It argued that because increased violence is associated with the use of crack, especially in urban areas, high penalties for crack-related offenses were justified, relying on U.S. Sentencing Commission statistics showing that 29% of all crack cases from October 1, 2008, through September 30, 2009, involved

4958-456: The trafficking in, and possession, importation, or distribution of, crack cocaine. The First Step Act , passed in December 2018, retroactively applied the Fair Sentencing Act, aiding around 2,600 imprisoned people. Some members of Congress opposed the Act. Lamar S. Smith (R-TX), the top-ranking Republican on the United States House Committee on the Judiciary , argued against its passage stating, "I cannot support legislation that might enable

5032-440: The violent and devastating crack cocaine epidemic of the past to become a clear and present danger." Specifically, Smith alleged that because "reducing the penalties for crack cocaine could expose our neighborhoods to the same violence and addiction that caused Congress to act in the first place," the bill risked a return to the crack cocaine epidemic that "ravaged our communities, especially minority communities." Smith claimed that

5106-466: The vote, the best showing for a Republican in an open-seat gubernatorial race since the end of Reconstruction. His victory also gave the GOP complete control of state government for the first time since the end of Reconstruction. Hutchinson was reelected on November 6, 2018, in a landslide, taking over 65% of the vote and carrying all but eight counties. In a bad year for the GOP nationally, Hutchinson garnered

5180-543: Was again the Republican nominee for governor, this time defeating the Democratic nominee, U.S. Representative Mike Ross . He was reelected in 2018 with nearly two-thirds of the vote. Due to term limits , he was barred from seeking reelection in 2022 , and was succeeded by Sarah Huckabee Sanders . From 2020 to 2021, Hutchinson served as vice chair of the National Governors Association . He succeeded Governor Andrew Cuomo of New York as chair of

5254-584: Was also eliminated, and sentencing may take account of accompanying violence, among other aggravating factors. The bill directed the United States Sentencing Commission to take four actions: In addition, the bill requires the Comptroller General to report to Congress with an analysis of the effectiveness of drug court programs under the Omnibus Crime Control and Safe Streets Act of 1968 . This must be done within one year after

5328-449: Was experiencing a wave of COVID-19 cases, he also signed a bill into law that prohibited state and local officials from enacting mask mandates. He later said he regretted doing so. In December 2021, Hutchinson praised President Joe Biden 's COVID policies and thanked Biden for his efforts to "get the vaccinations out" and "depoliticizing" the federal COVID response. In January 2022, Hutchinson encouraged large businesses to not comply with

5402-464: Was never any scientific basis for the disparity, just panic as the crack epidemic swept the nation's cities." The sentencing disparity between these two drug offenses is perceived by a number of commentators as racially biased. In 1995, the U.S. Sentencing Commission concluded that the disparity created a "racial imbalance in federal prisons and led to more severe sentences for low-level crack dealers than for wholesale suppliers of powder cocaine. ... As

5476-722: Was then sent to President Obama and signed into law on August 3, 2010. The Fair Sentencing Act of 2010 amended the Controlled Substances Act and the Controlled Substances Import and Export Act by increasing the amount of a controlled substance or mixture containing a cocaine base (i.e., crack cocaine) that would result in mandatory minimum prison terms for trafficking and by increasing monetary penalties for drug trafficking and for importing/exporting controlled substances. The five-year mandatory minimum for first-time possession of crack cocaine

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