Number: RS22800
Title: U.S. Sentencing Commission's Decision on Retroactivity of the Crack Cocaine Amendment
Authors: Brian T. Yeh, American Law Division 
Abstract: On December 11, 2007, the Sentencing Commission unanimously voted to apply the crack amendment retroactively, thus allowing eligible crack cocaine offenders who were sentenced prior to November 1, 2007, to petition a federal judge to reduce their sentences. However, the Commission chose to delay the effective date of its decision on retroactivity until March 3, 2008, in order to allow courts time to prepare for these motions. Shortened sentences for eligible, previously sentenced crack offenders are not automatic or guaranteed as a result of this retroactivity decision; rather, federal judges must determine whether an offender is eligible for a reduced sentence and the length of that reduction, after considering among other things the potential danger posed to public safety by an earlier release of the offender. Legislation introduced in the 110th Congress, H.R. 4842, would provide for only prospective effect of the crack cocaine amendment.
Pages: 6
Date: February 1, 2008