July 19, 2010
US Sentencing Commission seeking comment on reduced criminal history guideline being retroactiveAs detailed in this official Federal Register Notice of request for public comment, the US Sentencing Commission is formally seeking input on whether to make its new defendant-friendly amendment to the criminal history sentencing guidelines retroactive. Here is the USSC's summary from its website of what its doing here:
On April 29, 2010, the Commission submitted to the Congress amendments to the sentencing guidelines and official commentary, which become effective on November 1, 2010, unless Congress acts to the contrary. Such amendments and the reasons for amendment subsequently were published in the Federal Register (75 FR 27388, May 14, 2010). One of the amendments, specifically Amendment 5 pertaining to the use of recency as a factor in the calculation of the criminal history score, has the effect of lowering guideline ranges. The Commission requests comment regarding whether that amendment should be included in subsection (c) of §1B1.10 (Reduction in Term of Imprisonment as a Result of Amended Guideline Range (Policy Statement)) as an amendment that may be applied retroactively to previously sentenced defendants. (75 FR 41279)
Ironically, because Percy Dillon lost his SCOTUS appeals contending that district courts should have broader sentencing discretion when dealing with guideline amendments made retroactive, I predict that the USSC will be much more inclined to make this defendant-friendly amendment (and any other future similar amendments) retroactive. Indeed, the Dillon outcome likely will also make DOJ and others less inclined to categorically oppose retroactivity and to instead urge refined restrictions on exactly who can get to benefit from a new guideline made retroactive.
Recent related posts:
- SCOTUS rules 7-1 against defendant in crack retroactivity case
- Percy Dillon's loss is sure to be other future defendants' gain
July 19, 2010 at 09:32 AM | Permalink
TrackBack URL for this entry:
Listed below are links to weblogs that reference US Sentencing Commission seeking comment on reduced criminal history guideline being retroactive:
I also think the 2 points for being on probation should be elininated...Pretty close to the same thing as 2 yrs or recency...( as far as outcome)
Both recency and probation being dropped could help numerous, odds are 3 points for a lot of defendants could drop them a Category...
Posted by: Abe | Jul 19, 2010 11:55:10 AM
This is a great post; it was very informative. I look forward in reading more of your work. Also, I made sure to bookmark your website so I can come back later. I enjoyed every moment of reading it. internet marketing
Posted by: thomas sabo | Nov 3, 2010 3:30:39 AM
Good post, I like it very much! I would like to leave a comment, because it gives more bloggers who participate and the opportunity to perhaps learn from each other.
Posted by: pandora charms | Nov 4, 2010 10:01:53 PM
Ich schätze Sie! Lassen Sie mich sehen wie ein guter Artikel, und ich habe den Drang, einen Kommentar auf deinem Artikel habe ich etwas auf thomas sabo schmuck empfehlen machen
Posted by: pandora bracelets | Nov 4, 2010 10:45:17 PM
I’m glad to see this post.
I really like that because the post have many things to learn.........
like this post just is too excting!
Thanks. The air force one high shoes are at a cheap price with 60% off here.The latest styles of Air Forces Shoes and Basketball shoes are on sale for long-term. Get your Air Forces Shoes on www.maxjordans.com.
Posted by: Jordan Retro | Nov 14, 2010 1:09:30 AM
I like this very much! Thank you for talking about!And ill study your articles more regularly!
Posted by: Pandora Australia | Jun 19, 2011 11:04:51 PM
Where's my tax dollar go??
Posted by: pandora bracelet | Jun 21, 2011 3:53:09 AM
Posted by: Ray Ban 3303 | Jul 27, 2011 3:43:09 AM
The colors are so gorgeous Sandy! I am sure your quilt will be perfectly lovely! Wishing you a wonderful week! Angie xo
Posted by: Nike Air Max 90 | Aug 6, 2012 5:39:28 AM