X hits on this document

PDF document

: This FAQ should answer most of your questions. It is lengthy. Please read the entire document! - page 1 / 6

16 views

0 shares

0 downloads

0 comments

1 / 6

: This FAQ should answer most of your questions. It is lengthy. Please read the entire document!

In 2010, Congress passed the Fair Sentencing Act (FSA) with nearly unanimous bipartisan consent in both houses and the support of the White House and Department of Justice.

The FSA increased the amounts of crack cocaine that trigger mandatory minimum sentences for federal crack cocaine crimes, in effect lowering crack sentences. The FSA also narrowed the ratio between powder and crack cocaine offenses from 100:1 to 18:1, as shown below:

5 grams crack

50 g crack

500 g cocaine

5,000 g cocaine

(100:1 ratio)

(100:1 ratio)

28 g crack

280 g crack

500 g cocaine

5,000 g cocaine

(18:1 ratio)

(18:1 ratio)

The FSA directed the U.S. Sentencing Commission to change the federal sentencing guidelines to correspond to the FSA’s changes to the mandatory minimums. The FSA also directed the Commission to amend the guidelines to add certain sentencing enhancements and reductions that apply to all federal drug sentences.

(not retroactive)

5-year mandatory minimum sentence

No mandatory minimum

Congress gave the Commission emergency authority to temporarily make the changes required by the FSA. The temporary crack guideline amendment went into effect on November 1, 2010, and will expire on October 31, 2011.

The Commission submitted the permanent crack guideline amendment (virtually identical to the temporary amendment) to Congress in April 2011. Unless Congress votes to reject it, the Commission’s crack guideline amendment will go into effect on November 1, 2011.

Yes. On June 30, the Commission voted unanimously to make the 2011 crack guideline amendment retroactive. This means that approximately 12,040 federal crack offenders sentenced

under the sentencing guidelines reductions.

November 1, 2010,

for sentence

1

7/8/11

Document info
Document views16
Page views16
Page last viewedWed Dec 07 17:09:12 UTC 2016
Pages6
Paragraphs113
Words2286

Comments