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July 30, 2007

USSC seeking comments on priorities and retroactivity

As detailed at the official homepage of the US Sentencing Commission, the USSC has just officially put out these two important federal register notices:

Though the proposed priorities of the USSC are always important, the retroactivity issue is especially huge because it could impact literally tens of thousands of federal defendants now in prison.  As detailed here, some judges are already advocating making the crack changes retroactive.

July 30, 2007 at 09:13 AM | Permalink


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It seems unusual to me -- at least it would be with any ordinary administrative agency -- for the USSC to seek comment on the issue of retroactivity of the crack amendment, rather than on a proposal with respect to retroactivity. Normally, an agency would say what they propose to do (and why) and then seek public comment. Is this the ordinary course for the Commission?

Posted by: Peter G | Jul 30, 2007 2:18:29 PM

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