U.S. District Court Judge Gregory Presnell in Orlando, FL refused to apply the Federal crack cocaine sentencing guidelines. He ruled:
This arbitrary and discriminatory disparity between powder and crack cocaine implicates the Section 3553(a)(2)(A) factors. Unless one assumes the penalties for powder cocaine are vastly too low, then the far-higher penalties for crack are at odds with the seriousness of the offense. The absence of a logical rationale for such a disparity and its disproportionate impact on one historically disfavored race promotes disrespect for the law and suggests that the resulting sentences are unjust. Accordingly, these statutory factors weigh heavily against the imposition of a Guidelines sentence.
The fact that this sentencing disparity has not yet been corrected by Congress is a powerful racist stain on our government.