Circumcision of the Heart Ministry
For we are the circumcision, which worship God in the spirit,
and rejoice in Christ Jesus, and have no confidence in the flesh.
Philippians 3:3
 Warren Jackson

Hello, my name is Warren Jackson; I am a federal prisoner serving a minimum mandatory sentence of life imprisonment, without the possibility of parole. I’m currently on my 11th year of this sentence. My sentence was the result of being convicted in federal court for possessing with intent to distribute crack cocaine. At the time of my sentencing, defendants who were sentenced under the 100: 1 ratio (100:1 is the difference in mandatory sentences for possessing powder versus cocaine. That means it takes 5 kilograms (5000 grams) of powder cocaine to earn a federal minimum of 10 years in jail. However, it only takes 50 grams of crack to receive the same punishment.) The 287 grams of crack cocaine that I possessed was equivalent to 22,700 grams of powder cocaine approximately 22 or 23kilograms under the 100:1 ratio.

In order for person possessing powder cocaine to get the same sentence that I received, that person would have to possess grams of powder cocaine, approximately 5 kilograms of powder cocaine. I was sentenced to life imprisonment because the government used my 1989 sale of cocaine conviction and my possession of cocaine conviction. If the 287 grams of crack cocaine that I possessed would have been treated the same as powder cocaine, I would not have been eligible for a mandatory minimum term of life imprisonment. I would have been under the 500 grams of powder that triggers a mandatory minimum of sentence of 5 to 40 years term of life term of imprisonment. In fact, I would have already finished my term of imprisonment, if the crack cocaine I possessed was treated the same as powder cocaine.

Now, crack has passed a new crack law that treats crack cocaine 18 times more harsher than powder cocaine by reducing the ratio from 100:1 to 18: to 1. Now 28 grams of crack cocaine is equivalent to 500 grams of powder cocaine and that amount will trigger a mandatory minimum of 5 years to 40 years. Two hundred and eighty (280) grams of crack cocaine is equivalent to 5,000 grams of powder cocaine and that amount of cocaine will trigger a mandatory minimum sentence range of 10 years to life. The problem with the old crack law and the new crack law is twofold:

1. Under both laws African Americans are still going to receive sentences that are much longer than those defendants who possess cocaine even those that do not have any violence associated with the case. One of the reasons given for not completely eliminating the disparity was that violence is much more associated with crack cocaine offenses. Although the statistic shows that there are no more violence associated crack cocaine offenses than powder cocaine offenses. However our lawmakers in congress refused to accept this fact this fact.

2. Changing the law to 18:1 will not keep the United States Attorney from only prosecuting African Americans for possessing crack cocaine. White Americans use crack cocaine more than any other race of people, thus we must conclude that White Americans are also selling crack cocaine. But, when you look at the prosecutions for crack cocaine, no cases are transferred to the federal level for prosecution.

In fact, I don’t believe that since 1986, when the crack law was enacted up and until this current year 2010, that there have been more than 50 prosecutions for White Americans under the federal crack law. For this reason, even under the new crack law there will still be the racial overtone that the old crack law produced. Congress has admitted that the 100:1 ratio disparity between crack and powder cocaine based on wrong data and a rush of judgment; but has chosen to only reduce the ratio, instead of doing what they knew was right to do and that was to eliminate the ratio. There was not and is not… any justifiable argument that cocaine in the form of crack cocaine should be treated differently than cocaine in the form of powder cocaine. We are not talking about two different drugs, but two different forms of the same drug.

I must say despite my disagreement with what Congress has done, I am thankful that they chose to move toward correcting an unjust that has lingered on for more than 23 years. One of the problems with the move is that Congress has not made the new law passed under §1789 to apply retroactive to those prisoners who have been sentenced for the past 23 years under a law that they (Congress) said was unjust and wrong. 

I will say...that we will still see an influx of African Americans being prosecuted federally under the new 18:1 crack law; and White Americans will not face prosecution for crack on the federal level. This wide and unwarranted gap will still produce longer sentences for African Americans than for other defendants who possess powder cocaine. If African Americans are going to be the only race of people prosecuted under the crack law, then the only fair solution to ensure that African Americans will receive sentences that are fair and just, is to press our Congressional representative and President Obama to move to completely eliminate the disparity between crack and powder cocaine.

Years down the road we will still see the injustice as a result of this law; we will b blaming President Obama because it is now his law. I love our President and I believe that he is doing a great job cleaning up years of mess left by Presidents prior to him. However, I don’t want to see him ridiculed for a law that he knows is wrong. The new crack law has only put a bandage on an open wound. One of our Congressional members said it best, “YOU CAN’T FIX AN UNJUST (100:1), WITH A LESSER UNJUST (18:1).”

Those of you who have chosen to read this article must realize that this problem is not an African American problem, a White American problem, or a Latino American problem, it is an American problem. I am asking those who have taken the time to read this article to contact President Obama at his website www.whitehouse.gov and request that he use his Executive Authority to enact a law that treats crack and powder cocaine the same. I also ask that you call your congressional representatives and request that more effort should be used to completely eliminate the disparity and encourage them to pass legislation that makes the new crack law passed under §1789 to apply retroactive.

I was sentenced under a law that has been said to be unjust and wrong, I should at least have the opportunity to have my life sentence reduced under the new law; making the law retroactive will give me that opportunity.
Thank you for taking the time to read this article; I hope that you will sign the petition on this webpage and join the effort to have President Obama use his Executive Authority to forever eliminate any treatment of crack and powder cocaine differently. Once we have enough signatures, the petition will be forwarded to the President and members of Congress.

Written By,

Warren Jackson # 54176-004
FCC-Coleman-Medium
P.O. Box 1032
Coleman, Florida, 33521-1032
Photo of Warren Jackson

Coming soon
The NewCrack Law Is Still Unjust
On August 3, 2010, President Obama signed the “The Fair Sentencing Act of 2010 (S. 1789) S. 1789" bill into law.

This bill reduces the statutory 100:1 ratio to 18:1, by increasing the threshold amount of crack cocaine to 28 grams (for the 5-year sentence) and 280 grams (for the 10-year sentence). S. 1789 also eliminates the 5-year mandatory minimum for simple possession of crack cocaine.

This will help eliminate the unjust sentences in the future; however it does nothing for the men and women who have been sentenced unfairly in the past.

Please sign this petition to make this law fair and equal to all those sentenced unfairly.

http://www.petition2congress.com/2/3513/tell-president-obama-congress-to-make-fair-sentencing-act-2010s-1/http://www.petition2congress.com/2/3513/tell-president-obama-congress-to-make-fair-sentencing-act-2010s-1/