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January 28, 2008
Notable new defender resources on crack retroactivity implementation
Over at the Crack Cocaine Guideline Amendment resource page of the Office of Defender Services website I just saw a bunch of interesting new resources discussing the implementation of the new crack guidelines retroactively. Here are the new materials that really caught my eye:
- Effective, Efficient, and Fair Implementation of the Retroactive Amendment (January 14, 2008)
Federal Defender Sentencing Guidelines Committee
This memorandum was prepared for distribution to participants at the Crack Amendment Retroactivity Summit held January 17-18 in Charlotte, N.C. It expresses the Defender community’s views with respect to (1) the right to counsel in crack retroactivity cases, and (2) the right for the defense bar to have equal access to the names of those who may benefit from retroactive application of the crack guidelines.
- Providing Counsel to All Potentially Eligible Beneficiaries of the Retroactive Crack Guideline Amendment Makes Sense and is Constitutionally Required
by National Federal Defender Sentencing Resource Counsel
This memorandum argues, contrary to positions taken by the Department of Justice and the Sentencing Commission, that defendants have a right to counsel in crack retroactivity cases under the Sixth Amendment and Due Process Clause.
- Selected Retroactivity Caselaw
by National Federal Defender Sentencing Resource Counsel
This memorandum was prepared for distribution to participants at the Crack Amendment Retroactivity Summit held January 24-25 in St. Louis, MO. It addresses many issues that may arise in crack retroactivity cases, and provides caselaw and other support for a variety of arguments defense counsel may raise in handling such cases.
January 28, 2008 at 05:18 PM | Permalink
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