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December 13, 2007

Latest crack retroactivity FAQ from FAMM

Now available and subject to regular revision at FAMM's website is this document entitled "FAQs about crack amendment retroactivity."  This 3-page document covers "frequently asked questions about the federal crack guideline amendment and its retroactive application."   Here's one of many important Q & A sections:

Q: Will the crack amendment automatically apply to all crack offenders sentenced before November 1, 2007?

A: No. Only the sentencing court can decide whether the amendment applies to the prisoner and whether the prisoner gets a sentence reduction. To obtain a sentence reduction, the prisoner must make a motion under 18 U.S.C. § 3582(c)(2) to the court that sentenced him/her.

December 13, 2007 at 03:20 PM | Permalink

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Comments

My dear friends at FAMM are mistaken about this particular "A": The statute, 18 USC 3582(c) allows a modification/reduction of the term of imprisonment pursuant to the USSC "crack minus two" retroactivity decision upon motion of the defendant *or* of the Bureau of Prisons *or* on motion of the court sua sponte. Of course, the most likely scenario by far is that the defendant will be the one to file.

Posted by: Peter G | Dec 13, 2007 11:44:31 PM

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