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October 4, 2007

USSC analysis on potential crack amendment retroactivity impact

Newly available on the US Sentencing Commission's website is a memorandum titled "Analysis of the Impact of the Crack Cocaine Amendment If Made Retroactive."  This memo, which can be downloaded (slowly) here, "provides a Commission staff analysis of the impact of the crack cocaine amendment (Amendment 9) submitted to Congress on May 1, 2007, if the Commission were to [exercise its authority to allow this amendment to] be applied retroactively to previously sentenced defendants."  Here is one of many fascinating findings discussed in this memo:

This section of the memorandum provides an analysis of the estimated impact of the Commission's 2007 crack cocaine amendment on those offenders incarcerated as of November 1, 2007 in the federal prison system should the Commission vote to make that amendment retroactive. This analysis was prepared by the Commission's Office of Research and Data (ORD). ORD estimates that 19,500 offender sentenced between October 1, 1991 and June 30, 2007 ... would be eligible to seek a reduce sentence if the Commission were to make the 2007 crack cocaine amendment retroactive. These offenders would be released over a period of more than three decades.

October 4, 2007 at 07:59 AM | Permalink


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I am really hoping that they are going to make this law retroactive. Because I personally have a love one in prison who could be affect once this law is made retroactive. He made a mistake and he needs to start fresh somewhere. Making the law retroactive will give him a chance to be with his kids and be with his family. Not only for a loved one of mine, but for all the families of inmates in prison.
Thank you for your time.

Posted by: Miriama Lakisa | Oct 15, 2007 7:59:35 PM

i agree also i think that the law should be
retroactive, i also have a loved one that
also made a mistake and need to start off
with a new start.

Posted by: shantis | Oct 22, 2007 1:49:38 PM

We have many injustices in this country and one of the greatest of these was our reaction to the so called "war on drugs." America as free and diverse as we are we are also very stubborn and proud. Due to the knee jerk reaction of law makers in the late 80's a whole generation has been treated less than American. There are young men and women who in their 20's were sentenced to 10, 20, 30 years to life in prison because of mandatory sentencing. Have we won the war on drugs? The answer to that is simple turn on the news or take a walk down the right street in the wrong neighborhood and you will see for yourself the answer is NO. A "lock em up" approach is NOT the answer. So I pray that our government will look beyond our unwarranted decisions of the past and correct this wrong by retro activating this amendment and finding a real solution to why so many feel like drugs is their only way out. Redemption is necessary!

Posted by: S Miller | Oct 28, 2007 4:22:47 PM

I apologize for not specifying who I was. I am a 1st year law student.

Posted by: S Miller | Oct 28, 2007 4:25:52 PM

Hi my name is mrs Lilly

my husband Is serving time and he had violance in his crime hes a first time offerender .so does that mean this will not help him will some one please tell me or call me at 910 484-1013

Posted by: joyce lilly | Nov 4, 2007 4:52:30 PM

I am the wife of a fedreal inmate. he made a terrible mistake of making fast money. Taking him away from his children and his family has opened his eyes. he has realized that making fast money is not worth being away from his family and loved ones. i am giving this issue to God, may his will be done. i pray that this law goes retroactive. most of these inmates have been pushed to the streets because of today's society. they are denied equal opportunity to decent jobs. so they take the option to provide for their families as
they can. yes, they have done wrong, so have we all. we all have to pay for the wrong that we have done. take into consideration the children who are affected by the absence of their parent.the communities are even suffering. there is a need for space in prisons and there is worse crime going on, other than drug dealing.

Posted by: lamisha johnson | Nov 20, 2007 12:09:28 AM

I am a student and also a fiance` of an inmate who is a first time drug offender but is being labeled a career felon. So will he not be able to benefit from the new laws that are being changed because he is a career felon? Any information to this question or any argument information about career felons that might not benefit from the new changes. Thank you in advance for the time and information that anyone shares with me.

Posted by: Malisa White | Apr 3, 2008 7:41:57 PM

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