U.S. Sentencing Commission makes crack sentence cuts retroactive

By Kimberly Atkins Dolan Media Newswires BOSTON, MA--In a unanimous vote, the U.S. Sentencing Commission voted Thursday to apply a proposed amendment lowering the sentencing guidelines for some crack cocaine offenders retroactively. The amended sentencing guidelines were proposed pursuant the Fair Sentencing Act, and are set to go into effect Nov. 1. The retroactive application of the rule is set to go into effect the same day, absent intervention by Congress. Among its provisions, the Act reduced mandatory minimum sentences for crack cocaine offenses and eliminated the mandatory minimum sentence for simple possession of crack cocaine. The changes were designed to eliminate the disparity between federal sentences for crack cocaine and powder cocaine offenses. "In passing the Fair Sentencing Act, Congress recognized the fundamental unfairness of federal cocaine sentencing policy and ameliorated it through bipartisan legislation," said the Commission chair, U.S. District Court Judge Patti B. Saris, in a statement after the vote. "Today's action by the Commission ensures that the longstanding injustice recognized by Congress is remedied, and that federal crack cocaine offenders who meet certain criteria established by the Commission and considered by the courts may have their sentences reduced to a level consistent with the Fair Sentencing Act of 2010." The Commission estimates that about 12,000 offenders may be eligible to seek a sentence reduction under the retroactive rule. They will receive an average sentence reduction of about three years. Not every prisoner convicted of crack-related crimes will be eligible for a sentence reduction or retroactivity under the rules. Certain offenders will still be required under federal law to serve mandatory 5-year or 10-year sentences because of the amount of crack cocaine involved in their offenses. Entire contents copyrighted © 2011 by Dolan Media Company. Published: Mon, Jul 11, 2011