WASHINGTON — President Barack Obama, expanding his push to curtail severe penalties for drug offenses, on Thursday commuted the sentences of eight federal inmates who were convicted of crack cocaine offenses. Each inmate had been imprisoned for at least 15 years, and six were sentenced to life in prison.
It was the first time that retroactive relief was provided to a group of inmates who most likely would have received significantly shorter terms if they had been sentenced under current drug laws, sentencing rules and charging policies.
Most of the eight would be released in 120 days.
In a statement, Obama said that each of the eight men and women had been sentenced under what is now recognized as an “unfair system,” including under a 100-1 sentencing disparity between crack and powder cocaine offenses that was significantly reduced by the Fair Sentencing Act of 2011.
“If they had been sentenced under the current law, many of them would have already served their time and paid their debt to society,” Obama said. “Instead, because of a disparity in the law that is now recognized as unjust, they remain in prison, separated from their families and their communities, at a cost of millions of taxpayer dollars each year.”
The recipients include several high-profile inmates who have received media attention as examples of the effects of earlier tough-on-crime drug sentencing policies, in which the quantities of crack involved sometimes resulted in severe punishments. Many of them were young at the time of their offense and were not accused of violence.
Clarence Aaron of Mobile, Ala., for example, was sentenced to three life terms in prison for his role in a 1993 drug deal, when he was 22. Aaron’s case has been taken up by congressional critics of draconian sentencing and by civil rights groups, and has received significant media attention. Last year, the Justice Department’s inspector general issued a report criticizing the department’s pardon office for mishandling his clemency petition.
Margaret Love, a former Justice Department pardon lawyer who represents Aaron, said she had received a call informing her of the decision Thursday morning and called her client, who along with his family was “very grateful.”
“He was absolutely overcome,” she said. “Actually, I was, too. He was in tears. This has been a long haul for him, 20 years. He just was speechless, and it’s very exciting.”
Obama, who has made less use of his constitutional clemency powers to forgive offenses or reduce sentences than any other modern president, is also expected to pardon 12 people who completed their sentences long ago. Those cases involved mostly minor offenses that resulted in little or no prison time, in line with previous pardons he has issued.
But the eight commutations opened a major new front in the administration’s criminal justice policy intended to curb soaring taxpayer spending on prisons and to help correct what the administration has portrayed as unfairness in the justice system.