July 8, 2008
Entries in Crack Retroactivity (2)
“‘Reader-Friendly’ Version of Amendments on Crack Cocaine and Retroactivity Effective May 1, 2008”
The 5-page document is available here, through the United States Sentencing Commission website. The website also provides this:
On April 16, 2008, the Commission voted to amend the commentary to §2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy) to revise the manner in which combined offense levels are determined in cases involving cocaine base ("crack cocaine") and one or more other controlled substance. The Commission also voted to amend §1B1.10 [Reduction in Term of Imprisonment as a Result of Amended Guideline Range (Policy Statement)] to provide retroactive effect to the amendment to §2D1.1. Official text of the amendments will be posted on the Commission's website at www.ussc.gov and incorporated into a forthcoming supplement to the Guidelines Manual.
These amendments take effect May 1, 2008. Until that date, the court should apply §2D1.1 as set forth in the 2007 Guidelines Manual, and §1B1.10 as set forth in the Supplement to the 2007 Guidelines Manual effective March 3, 2008
Blakely
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"Freedom eludes many crack inmates"
The LA Times provides an update on federal retroactive crack sentence reductions in California here. The article begins with the following:
New federal sentencing guidelines designed to end the racially tinged disparity between prison sentences for powder and crack cocaine dealers went into effect a month ago, and so far more than 3,000 inmates have had their prison terms reduced.
Dozens have been released, including at least 15 in California, but many others who should have been released have not. Attorneys involved in the process blame bureaucratic delays as well as opposition from the Justice Department.