United States of America
Respondent
Paul D. Clement, Solicitor General In 1986, Congress passed the Anti-Drug Abuse Act, which established a three-tiered penalty system for certain drugs, based on the quantity of the distributed substance. Congress distinguished between crack and powder cocaine, and determined that crimes involving crack should be subject to considerably more severe penalties. In 1987, the Sentencing Commission issued the initial version of the Federal Sentencing Guidelines, which were designed to standardize Federal sentences. For drug offenses, the Commission adopted sentencing ranges reflecting the statutory minimum sentences mandated by Congress, including the disparity between crack and powder cocaine sentences. In May 2004,…
