A federal ruling that could bring reduced sentences for more than 1,400 North Carolina crack cocaine offenders is being hailed by some as a victory for black America, a step toward easing racial disparities in the justice system.

But some of the prosecutors who helped slam prison doors on the federal inmates say the sentencing changes could open vulnerable, drug-plagued communities to more trouble.

The U.S. Supreme Court issued two rulings last week that give federal judges broader sentencing discretion, particularly when handing out sentences to crack offenders.

The next day, the U.S. Sentencing Commission, which sets guidelines for federal prison sentences, decided that its recent easing of recommended sentences for crack offenses should be retroactive.

That news prompted hundreds of families across North Carolina to contact lawyers, asking whether jailed children, parents or siblings might get a break.

James "Butch" Williams, a Durham lawyer, said such calls have been "blowing my phone up," but he has been telling callers that the commission's decision is not a get-out-of-jail-free card.

"It's not going to open up the floodgates like everyone thinks it is," Williams said.

According to a U.S. Sentencing Commission analysis, 1,461 inmates in North Carolina will be eligible for resentencing after March 3, with nearly 28 percent eligible for release over the next couple of years.

Most people in this state with crack offenses, though, are not in the federal system. Triangle prosecutors say only 10 percent to 15 percent of their cases are tried in federal courts.

The eligible federal inmates -- 536 from the Western District; 489 in the Eastern District, which includes Wake County; and 436 in the Middle District, including Durham and Orange counties -- would have to petition a judge to be resentenced under the new guidelines.

Although specific numbers are elusive, commission statistics show that an eligible inmate might expect his sentence to be reduced by 17 percent. Those who got the minimum sentence are out of luck.

Nekita Teel, a Raleigh resident whose brother and mother are behind bars on cocaine offenses, said she hopes at least one family member will get relief.

Gladys Stokley, 52, Teel's mother, will not benefit from the federal changes because she is serving 15 years in the North Carolina prison system for trafficking cocaine. She refused to testify against her son, who was accused of selling the drug from her home.

Law enforcement authorities in Wilmington raided Stokley's home in 1998 after an informant told investigators about a stash of crack in a safe there, Teel said.

Darrell Stokley, 36, was convicted in the federal courts in 1999 of possession with intent to distribute crack cocaine. That and an aiding and abetting conviction put him behind bars for 20 years.

Teel said her brother tried to work out a deal with prosecutors so his mom would not go to prison.

But neither Stokley could save the other. Now the son, who received the longer sentence, might get out sooner.

"We're trying to figure out what's going to happen," Teel said. "We hope the state sentences will change, too."

Crack sentences long

In the 1980s, when crack cocaine began appearing on the streets, tougher sentences were put in place for the drug in its rock form than in its powder form. Crack was thought to lead to more violence than powder cocaine, which was more prevalent among college students and the disco culture and club scene.

Until the new sentencing changes, a crime involving 5 grams of crack cocaine carried a mandatory sentence of five years in prison, and one involving 50 grams carried a 10-year penalty. It took 500 grams and 1,000 grams of powdered cocaine to trigger the same five- and 10-year sentences.

Next page >