repeal the 2007 “crack minus two” amendment – that amendment is still in effect, and federal crack offenders who have not benefited from it yet can still try to do so.
7 “crack minus two” amendment? If they didn’t? Yes. Regardless of whether you received a sentence reduction under the 2007 retroactive “crack minus two” amendment, you can ask the court for a sentence reduction under this year’s retroactive crack amendment as long as you meet the eligibility criteria listed above. Some people who received the “crack minus two” sentence reduction will be able to receive another sentence reduction; others won’t. Prisoners can ask the federal public defenders about whether they can benefit from the 2007 and the 2011 retroactive crack amendments.
When a person files a request for a sentence reduction under 18 U.S.C. § 3582(c)(2), the court will recalculate the person’s sentence using the new drug weights listed above (Q-11). If the recalculation produces a lower sentencing range, the judge can (but isn’t required to) sentence the person anywhere within that new range. If the recalculation does not produce a lower sentencing range, the person is not entitled to a sentence reduction.
Yes. There are two major limits to consider: 1. When courts apply the retroactive crack guideline, they . For example, if a person is serving a 135-month sentence, and her recalculated sentencing range is 121-151 months, the lowest sentence she can get is 121 months. The only exception is if the person gave the government substantial assistance and got a sentence reduction under USSG § 5K1.1 when they were originally sentenced. If that is the case, the judge can reduce the sentence comparably lower than the new, recalculated guideline range.
, unless the
person’s sentence is already below the mandatory minimum because he gave the government substantial assistance or received the safety valve.
FSA’s changes to
No. Only Congress can make the FSA’s changes to the crack mandatory minimum sentences retroactive. To make those changes retroactive, Congress must pass a new law. On June 23, 2011, Representative Bobby Scott (D-VA) introduced a bipartisan bill, H.R. 2316, the Fair Sentencing Clarification Act. If it becomes law, H.R. 2316 would make the FSA’s changes to mandatory minimums apply retroactively to federal (not state) crack offenders who committed their crimes before August 3, 2010. It is not a law yet, and it may never become a law. To become a law, it must go through many other steps first, and it must be passed by both houses of Congress and signed by the president. For more information about the bill and to encourage your members of Congress to support the bill, please see FAMM’s website, www.famm.org.