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: This FAQ should answer most of your questions. It is lengthy. Please read the entire document! - page 4 / 6





4 / 6

Only if the crime involved another type of drug (e.g., meth, marijuana, heroin)

crack, and

the sentence was calculated for that drug


The retroactive amendment changed the crack drug weights in the guidelines so that they reflect the lowered mandatory minimums for crack offenses created by the FSA. Below is a chart describing how the retroactive amendment changes the crack guidelines:

Retroactive Amendment’s Drug Weights

38 36

4.5 KG or more At least 1.5 KG but less than 4.5 KG At least 500 G but less than 1.5 KG At least 150 G but less than 500 G At least 50 G but less than 150 G At least 35 G but less than 50 G At least 20 G but less than 35 G At least 5 G but less than 20 G At least 4 G but less than 5 G At least 3 G but less than 4 G At least 2 G but less than 3 G At least 1 G but less than 2 G At least 500 MG but less than 1 G Less than 500 MG

8.4 KG or more At least 2.8 KG but less than 8.4 KG

34 32 30 28 26 24 22 20 18 16 14 12

At least 840 G but less than 2.8 KG At least 280 G but less than 840 G At least 196 G but less than 280 G At least 112 G but less than 196 G At least 28 G but less than 112 G At least 22.4 G but less than 28 G At least 16.8 G but less than 22.4 G At least 11.2 G but less than 16.8 G At least 5.6 G but less than 11.2 G At least 2.8 G but less than 5.6 G At least 1.4 G but less than 2.8 G Less than 1.4 G

: How is this retroactive crack amendment different than the 2007 “crack minus two” undo “crack minus two”? In 2007, the Commission reduced guideline levels for crack sentences by two base offense levels. This “crack minus two” amendment was made retroactive, making about 20,000 federal crack offenders eligible for sentence reductions. So far, over 16,000 people have received the benefit of “crack minus two.The new retroactive crack amendment is different from “crack minus two” – it makes the crack guideline drug weights conform to the 18:1 ratio that Congress created in the Fair Sentencing Act. The new retroactive crack amendment does not undo or



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