United States v. Sims, No. 19CR857NSR01, 2022 WL 3013111, at *4 (S.D.N.Y. July 29, 2022) (emphasis in original). While “the Government has sought to have judges around the country apply sentencing adjustments consistent with the EQUAL Act,” see United States v. Samas, No. 3:18-CR-00296 (JAM), 2021 WL 5996815, at *3 (D. Conn. Dec. 7, 2021),
See, e.g., Quinn, 2022 WL 16635236, at *3 (proposed EQUAL Act not extraordinary and compelling reason); Palermo v. United States, No. 1:17-CR-290-GHW, 2022 WL 14129780, at *2 (S.D.N.Y. Oct. 22, 2022) (possibility of defendant receiving benefit through proposed EQUAL Act not extraordinary and compelling circumstance); United States v. Sims, No. 19CR857NSR01, 2022 WL 3013111, at *4 (S.D.N.Y. July 29, 2022) (same). Compare United States v. Samas, No. 3:18-CR-00296 (JAM), 2021 WL 5996815, at *2-3 (D. Conn. Dec. 7, 2021) (after finding that defendant's medical condition was extraordinary and compelling reason for release, court considered EQUAL Act in balancing Section 3553(a) factors).
See, e.g., Palermo v. United States, No. 1:17-CR-290-GHW, 2022 WL 14129780, at *2 (S.D.N.Y. Oct. 22, 2022) (possibility of defendant receiving benefit through proposed EQUAL Act not extraordinary and compelling circumstance); United States v. Sims, No. 19CR857NSR01, 2022 WL 3013111, at *4 (S.D.N.Y. July 29, 2022) (same). Compare United States v. Samas, No. 3:18-CR-00296 (JAM), 2021 WL 5996815, at *2-3 (D. Conn. Dec. 7, 2021) (after finding that defendant's medical condition was extraordinary and compelling reason for release, court considered EQUAL Act in balancing Section 3553(a) factors). Proposed legislation by itself is insufficient to grant wholesale relief to all defendants who could potentially benefit from such legislation.
However, the DOJ issued a statement at the hearing before the Committee indicating "[t]he [DOJ] strongly supports the [EQUAL Act] legislation, for we believe it is long past time to end the disparity in sentencing policy between federal offenses involving crack cocaine and those in involving powder cocaine." See ECF No. 59-3 at 2; see also United States v. Samas, No. 3:18-CR-00296, 2021 WL 5996815, at *1 (D. Conn. Dec. 7, 2021) (reducing sentence to time served in part because the DOJ "has now taken the position that crack cocaine should not be subject to move severe sentencing consequences than powder cocaine"); United States v. Williams, No. 06-20047-01, 2022 WL 3594585, at *4 (D. Kan. Aug. 23, 2022) ("The government agrees with [Defendant] that, were he sentenced today, he would receive the benefit of a government recommendation that the court sentence him 'based on the powder cocaine guideline.' "). The DOJ in support of the EQUAL Act further states, "[t]he disparity in federal cocaine sentencing policy has been the most visible symbol of racial unfairness in the federal criminal justice system for almost 35 years, and it is time to eliminate it."
Thus, the Court finds that the considering the applicability of the EQUAL Act's proposed adjustments here is premature. See, e.g., United States v. Roper, CR12-5085 BHS, 2022 WL 251970, at *3 (W.D. Wash. Jan. 27, 2022) (declining on a § 3582(c)(2) motion to consider whether the potential sentence reduction that would result from the EQUAL Act was warranted because “the legislation has yet to be enacted”); but see United States v. Samas, 3:18-CR-00296 (JAM), 2021 WL 5996815, at *2 (D. Conn. Dec. 7, 2021) (considering the EQUAL Act's proposed adjustments when addressing the § 3553(a) factors in a § 3582(c)(1)(A) motion due to the Department of Justice's support of the proposed Act).
Docs. #192, #198, #203, #210, #212, #221, #222. Doc. #218; United States v. Samas, 2021 WL 5996815 (D. Conn. 2021). Docs. #219, #221, #222.
" Id. at 472-73 (finding "no rational support" for federal ratio of 18:1 and treating quantity of crack cocaine under Gardner's offenses as if it were equivalent quantity of powder cocaine under the sentencing guidelines); see also United States v. Samas, No. 3:18-cr-00296 (JAM), 2021 WL 5996815, at *2 (D. Conn. Dec. 7, 2021) ("Of course, crack cocaine is subject to far more severe penalties than powder cocaine, even though it has long been clear that there is no good reason for this distinction and that the distinction has a racially disproportionate impact." (emphasis added)).