Fresnan's cocaine sentence reduced
She'll be among first to benefit from new guidelines on crack.
February 21, 2008
The Fresno Bee (CA)
By John Ellis
http://www.fresnobee.com/263/v-printerfriendly/story/414285.html
Just two days short of her 23rd birthday, a sobbing Stacey Rena Candler was sentenced to 15 years in federal prison after what was then the largest crack cocaine bust in Fresno County history.
Now, more than 11 years later, Candler is scheduled to walk free, thanks to changes in federal sentencing guidelines that bring crack cocaine prison terms -- even ones already handed out -- more in line with those for powder cocaine.
This week, U.S. District Judge Anthony Ishii signed an order that reduced Candler's concurrent sentences -- for possession of and conspiracy to possess crack cocaine for distribution -- to the time she's already served.
Prosecutors agreed to the early release.
Candler is the first person sentenced on crack cocaine charges in Fresno's federal courthouse to have her sentence retroactively reduced, but she won't be the last.
"There have been a rash of filings to have these amended guidelines applied to crack dealers in the Valley," said Assistant U.S. Attorney Karen Escobar, who prosecuted Candler in 1996.
Already, seven more are up for consideration starting Monday.
They are among about a dozen prisoners sentenced in either the Fresno or Sacramento federal courthouses who are eligible for immediate release, said David Porter, an assistant federal defender who is overseeing the cases.
Beyond that, Porter said, there are about 100 more entitled to sentence reductions who will still have time to serve.
The change was made possible by the U.S. Sentencing Commission.
The independent agency that develops federal sentencing policy was looking to reduce the disparities in prison terms between crack and powder cocaine.
"The sentences are, frankly, ridiculously long," Porter said.
Starting in 1986, changes in sentencing guidelines meant crack offenders got prison terms 100 times more severe than the terms given for crimes involving powdered cocaine.
This was a particular problem, critics said, because blacks were likelier to be sentenced for crack offenses, while whites were likelier to be sentenced for offenses involving powder cocaine.
Candler and most of the others up for sentence reconsideration in Fresno are black.
Last year, the sentencing commission reduced the disparity between crack and powder cocaine for newly filed cases.
But the real controversy came near the end of the year, when the commission voted to make the guidelines retroactive, covering those already in prison.
The Justice Department and police groups protested the action, and earlier this month Congress rebuffed Attorney General Michael Mukasey, who wanted legislation to block or change the commission's directive to apply the guidelines retroactively.
This opened the way for Candler and others already serving time for crack cocaine offenses to seek reductions in their sentences.
Nationally, more than 19,000 inmates in federal prisons could see their prison sentences reduced.
"It is essentially an administrative process at this point," said McGregor Scott, U.S. attorney for the Eastern District of California, which includes Fresno. "The controversy is over with."
In most of the initial cases, prosecutors and the Federal Defender's Office have reached a joint agreement to seek the sentence reductions and immediate release -- which is scheduled for March 3, the date the new guidelines take effect.
"When appropriate, we will stipulate to the early release," Scott said. "When appropriate, we will contest the early release."
Escobar said the U.S. Attorney's Office is reviewing each appeal to see how that person has acted in prison and any other issues that might lead to prosecutors opposing a release.
Judges also can have a say.
"From our standpoint, we're going to follow the law," said U.S. District Judge Oliver Wanger, who has five requests pending for early release. "But we have discretion, so it's still going to be on an individual, case-by-case basis."
Wanger also said the federal Bureau of Prisons has asked to delay any releases until the prisoner's behavior can be evaluated and DNA collected, a requirement for every federal prisoner.
"This is not going to be an opening of the prison doors," Wanger said.
Candler was arrested for helping her boyfriend in cocaine deals.
Authorities confiscated 2 pounds of crack cocaine, including three bags from her bedroom.
At her sentencing, Candler sobbed, apologized for her "naiveness" and asked then-U.S. District Judge M.D. Crocker to be lenient.
But Crocker noted the strict sentencing guidelines in place and told Candler he felt "compelled to follow them."
The Fresno resident is being held in a medium-security lockup near Victorville.
The reporter can be reached at jellis@fresnobee.com or (559)441-6320.