Milwaukee Journal Sentinel

Supreme Court rules for inmates seeking reduced prison terms

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WASHINGTON – The Supreme Court made it easier Monday for certain prison inmates to seek shorter sentences under a bipartisan 2018 federal law aimed at reducing racial disparitie­s in prison terms for cocaine crimes.

The justices ruled 5-4 that trial judges who are asked to resentence inmates may look at a wide range of factors, including some that have nothing to do with crack cocaine offenses that had produced longer stints in prison, disproport­ionately for people of color.

The high court settled a disagreeme­nt among the nation’s appellate courts over what judges should do in these cases.

The case before the justices involved Carlos Concepcion, who is serving a 19-year sentence after he pleaded guilty to possessing at least five grams of crack cocaine with an intent to distribute. But the length of Concepcion’s prison term really was determined by previous state court conviction­s that made him a career offender under federal law.

In 2019, Concepcion asked for a reduced sentence under the First Step Act former President Donald Trump signed into law a year earlier. Concepcion argued that the law made him eligible for a shorter term, but he also pointed to his earlier conviction­s, one of which had been thrown out and others of which were no longer considered violent crimes under intervenin­g Supreme Court decisions.

Still, the judge refused to consider changes to his sentence.

“The District Court in this case declined to consider petitioner Carlos Concepcion’s arguments that intervenin­g changes of law and fact supported his motion, erroneousl­y believing that it did not have the discretion to do so,” Justice Sonia Sotomayor wrote in her opinion for the court.

An unusual group of justices joined her: Clarence Thomas, Stephen Breyer, Elena Kagan and Neil Gorsuch.

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