20:1 Crack/Powder Ratio and Difficult Family Circumstances

United States v. Dozier, No. S2 Cr. 008-01 (RWS), 2009 WL 2870079 (S.D.N.Y. Sept. 3, 2009)

Dozier was convicted of one count of conspiracy to distribute and possess with an intent to distribute crack cocaine, for which he faced life imprisonment (offense level 44 and criminal history category III).  But this is a sentencing world in which courts nationwide are starting to recognize that the disparity between crack and powder cocaine sentences is unjustified.  And that's precisely what the court did here: It sentenced Dozier to 210 months imprisonment.  It's an objectively long sentence; but it's not life imprisonment.

More specifically, the court used a 20:1 (rather than 100:1) ratio, and considered several other 18 U.S.C. § 3553(a) factors, including that Dozier's "involvement in a drug conspiracy appears the result of difficult family and economic circumstances, including a father who was frequently absent from home.  He is also the father to an 18 month old son and has expressed a desire to be rejoined with him and his family."