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April 23, 2008

USSC has first cut of data on crack retroactivity

I am very pleased to report that the US Sentencing Commission has available here the first release of data on the retroactive application of the crack amendment on its website.  Here is how the data is described:

A set of tables presenting preliminary data on cases in which a motion for a reduced sentence was considered under 18 U.S.C. § 3582(c)(2).  These cases involve retroactive application of the crack cocaine amendment to the sentencing guidelines (Amendment 706, as amended by Amendment 711) which became effective on November 1, 2007 and which was made retroactive effective March 3, 2008.  The data represent cases received and coded by the Commission by April 14, 2008.

I have reason to believe that this data will be regularly updated, perhaps every month.  Such updates may be very important because, when looking through this data and hearing case-processing stories from different regions, it seems likely that different districts are taking different approaches to the order in which they address crack retroactivity cases.  Some districts, it seems, may be trying to process denials before grants, others vice versa, and still others using other methods for case triage.  Obviously, different case-processing plans could produce short-term (but perhaps not long-term) differences in district data that do not really represent substantive differences in how these crack retroactivity cases are being adjudicated.

UPDATE:  A local angle on this data is reported in this local news story, headlined "Western Va. district leads U.S. in resentencing crack cases."

April 23, 2008 at 06:10 PM | Permalink

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U.S. Sentencing Commission On Retroactivity of Crack Amendment: Thanks to Douglas Berman at Sentencing Law and Policy for his post on the U.S. Sentencing Commission's release of data on the retroactive application of the crack amendment. The Commission... [Read More]

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