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January 22, 2008

More crack retroactivity action (and related questions)

Over at the Second Circuit Sentencing Blog, Harlan Protess reports here on another New York district court opinion gearing up for crack retroactivity, this time from Judge Sifton in the EDNY.   The opinion in US v. Wood, No. CR-88-0723 (CPS), 2008 WL 163694 (EDNY Jan. 15, 2008), seeks a response from the government today, and I hope to post any notable brief that comes my way.  Here is how Harlan reacts to what's going on in his legal backyard:

This is the second in a now growing trickle of retroactivity motions, and the second time an offender likely will be eligible for immediate release upon the effective date of retroactivity. Motions of this sort raise a whole host of questions. From the public's perspective, will the naysayers and politicians who opposed retroactivity use individuals like Wood as poster-boys for the release of convicted felons onto the streets?  Will that cause any public backlash? From the prosecutor's perspective, will U.S. Attorneys Offices nationwide be clogged with motions like that filed by Wood that will require responses from individuals who likely were not involved in the original cases?  Will they be able to find the files from cases years ago?  Can they handle the volume?

While Harlan is focused on these case-specific concerns, I am curious how some of the system-wide actors are gearing up for crack retroactivity March madness.  Has the Justice Department issued internal guidance to local US Attorneys concerning how to respond to these issues?  Has the US Sentencing Commission prepared any new materials to help courts and litigants?  The USSC website does not seem to have any new crack retroactivity materials, though I have heard reports of USSC involvement in (public?) seminars intended to help lawyers better understand what's going on. 

(As noted before, the folks at the Office of Defender Services has made available this impressive and important 23-page memorandum that seeks to provide "a comprehensive analysis of issues that may arise in the retroactive application of the crack cocaine guideline amendments."  But this memo, dated Jan. 2, is now already a bit dated and provides only on perspective on implementing crack retroactivity.)   

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January 22, 2008 at 09:03 AM | Permalink


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I'm curious - does the Justice Department have an obligation to post any internal guidance they develop?

Posted by: anonymous | Jan 22, 2008 7:43:09 PM

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