« New ABA publication on "Mental Health and Criminal Justice System" | Main | In the SL&P mailbag: " Unequal under Law" »

October 16, 2007

The Sentencing Project urges retroactivity of USSC crack amendment

As detailed here, the Sentencing Project "has submitted a letter to the United States Sentencing Commission urging it to apply retroactively a crack cocaine sentencing amendment passed this May to defendants previously sentenced for a crack offense."  The full text of the lengthy letter can be accessed at this link, and here is a snippet:

The Commission has opted to make retroactive every amendment to a drug sentence that could be formulaically applied, i.e., in cases where the district court could calculate the new sentencing range using a simple mathematical equation. The Commission has followed the same pattern since it began requesting public comment in 2000.... [The crack amendment] fits squarely in the category of amendments that have been made retroactive.  It can be easily applied by district courts in a formulaic manner. ...

To diverge from its paradigm in this particular instance would be particularly inappropriate given the racial implications of [the crack amendment].  Failing to make the amendment retroactive would perpetuate the already disproportionate effect of the severity of the Guidelines on African American defendants and poor urban neighborhoods.

Some related posts:

October 16, 2007 at 02:08 PM | Permalink

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d83451574769e200e54ef89d518833

Listed below are links to weblogs that reference The Sentencing Project urges retroactivity of USSC crack amendment:

Comments

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB