Legal Opinion

United States v. Fisher

District Court, S.D. New York

Decided October 11, 2005No. S3 03 CR 1501 SASPublishedCited by 7 opinions

1Opinion of the Court

OPINION AND ORDER

SCHEINDLIN, District Judge.

I. INTRODUCTION

In the eleven years that I have served as a district court judge, I have been troubled by the exceedingly harsh sentences imposed on those who deal in crack cocaine. 1 I find it unsettling, for example, that a defendant who deals five grams of crack cocaine faces the same sentence as a defendant who deals five hundred grams of powder cocaine. This stark disparity is commonly referred to as the “100:1 ratio.” 2

Congress adopted the 100:1 ratio in 1986, setting mandatory minimum sentences based on the quantity of cocaine, in crack or…

2Cases cited15 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. United States v. Jerome CrosbyCourt of Appeals for the Second Circuit · 2005
  3. United States of America, Appellee-Cross-Appellant v. Charles L. Jackson, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 2003
  4. United States v. Christopher MooreCourt of Appeals for the Second Circuit · 1995
  5. United States v. Myung Ho Kim, Also Known as RobertoCourt of Appeals for the Second Circuit · 1999

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3Cited by7 opinions

  1. United States v. PhoCourt of Appeals for the First Circuit · 2006
  2. United States v. Vincent Carnelius Eura, United States of America v. Vincent Carnelius EuraCourt of Appeals for the Fourth Circuit · 2006
  3. United States v. Juan CastilloCourt of Appeals for the Second Circuit · 2006
  4. United States v. DoeDistrict Court, District of Columbia · 2006
  5. United States v. EuraCourt of Appeals for the Fourth Circuit · 2006

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