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May 21, 2011

Revised data from USSC concerning potential impact of FSA guideline retroactivity

The US Sentencing Comission now has posted here this document described as an "Analysis of the Impact of Guideline Implementation of the Fair Sentencing Act of 2010 if the Amendment Were Applied Retroactively." This Commission document provides an updated estimate of the impact on drug offenders currently incarcerated of any decision to make the new revised crack guidelines retroactive. Here are key snippets from the lengthy document:

On October 15, 2010, the United States Sentencing Commission promulgated a temporary, emergency amendment that implemented the emergency directive in section 8 of the Fair Sentencing Act of 2010. On April 6, 2011, the Commission re-promulgated the temporary amendment as a permanent amendment, which will become effective, absent congressional action, on November 1, 2011.  The Commission also voted to publish an issue for comment regarding whether, pursuant to 28 U.S.C. § 994(u) and 18 U.S.C. § 3582(c)(2), it should give the amendment retroactive effect, and announced a hearing for June 1, 2011 regarding that issue.  This memorandum estimates the impact on offenders currently incarcerated in the federal prison system of portions of the amendment, if the Commission were to make all of the amendment, or those portions, retroactively applicable....

After accounting for those offenders for whom the sentencing range would not change after application of the FSA Guideline Amendment, the total number of crack cocaine offenders incarcerated on November 1, 2011, who are estimated to be eligible to receive a reduced sentence under 18 U.S.C. § 3582(c)(2) is 12,040....

Based on [various] assumptions, the average sentence reduction for all impacted offenders with sufficient information to perform this analysis would be 22.6 percent (or 37 months, from 164 months to 127 months)....  [It appears] that 7,152 offenders (78.1%) would receive a sentence reduction of 48 months or less.  Conversely, 280 offenders (3.1%) would receive a sentence reduction of more than 10 years.

May 21, 2011 at 01:19 AM | Permalink

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Comments

In 48 months of additional freedom, the average criminal will commit hundreds of crimes, shifting the cost burden to the neighbors of this mini natural disaster.

Posted by: Supremacy Claus | May 21, 2011 7:23:01 AM

Helping each other not only in this site. You can help them by teach them to have a skill. Not only giving money.

Posted by: Pandora Braclets | Jun 21, 2011 4:24:12 AM

All dope dealers are not the scum of society. We have scum in all walks of life, from Capitol Hill on down.
This is just a racist law that needs to be buried in the same grave along with Jim Crow laws and Apartheid.
The Crack laws were enacted only after they saw who was using all of this crack and in what neighborhood.
Do you honestly think that Reagan cared about the ghetto and the trials blacks went through because of drugs and he had to stop it to save the blacks? NO, he saw an opportunity to ruin the minds of many and lock up the rest. In the ghetto selling drugs is the only job that some people can get! Its easy to say go get a real job, but how can you if you don't have any money to catch the bus to a job, and if you do get to the job interview how are you supposed to get to work for those 3 weeks till your first check?
People need to stop watching these movies because the dope dealers in my neighborhood are not rich. I make more than some of them and these are who the prisons are filled with?
If these same drug dealers were alive in George Washington day they would not be considered criminals. they would be Snake Oil sales men, and the users would be just users not addicts. If you took all the drugs away and killed all the addicts, the next generation would find something else to get addicted to. Sugar is addictive does that make all little kids and obese people criminals? No, but if you pass a law that makes sugar illegal and people keep eating it that makes them a criminal but, just because its on paper does that make it right? America makes criminals by making things illegal, remember when Teddy Roosevelt robbed Americans of their gold and gave them paper money instead? and if you didn't turn in your gold you were considered a criminal and prosecuted the very next day. God didn't miss anything when he wrote the ten commandments so if God didn't write it, its not a law. Are people smarter than god now? The only thing man has authority to make new laws for is the things man made, like traffic laws. Because even though there aren't any traffic laws in the bible I'm happy we got them. Same with man made drugs like processed cocaine,Viagra,Zoloft,heroin Extacy and etc. And even still, five years maximum for is enough time for any amount on the street. If you want to give 20 years or more to a dope dealer you better be damn sure that no more gets into the country after he's convicted.

Posted by: Live in the hood before you judge | Aug 24, 2011 5:50:29 AM

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