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May 19, 2008

Updated USSC data on crack retroactivity

I am pleased to see that the US Sentencing Commission has now updated its data on the retroactive application of the crack amendment on its website.  Here is how the updated data is described:

A set of tables presenting preliminary data on cases in which a motion for a reduced sentence was considered under 18 U.S.C. § 3582(c)(2). These cases involve retroactive application of the crack cocaine amendment to the sentencing guidelines (Amendment 706, as amended by Amendment 711) which became effective on November 1, 2007 and which was made retroactive effective March 3, 2008.  The data represent cases received and coded by the Commission by May 13, 2008.

I notice once again, when looking through this data and hearing case-processing stories from different regions, that different districts are still taking different approaches to the order in which they address crack retroactivity cases.  These different case-processing realities could produce short-term (but perhaps not long-term) differences in district data that may not really represent substantive differences in how crack retroactivity cases are being adjudicated in different regions.

May 19, 2008 at 09:56 PM | Permalink


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