Sentencing guideline updates
10/3/08
Congress passes bill to restore judicial majority on the U.S. Sentencing Commission
On September 27, Congress passed S.3659, the “Judicial Administration and Technical Amendments Act of 2008,” which restored a minimum judicial presence on the U.S. Sentencing Commission. The bill was sent to the President for his signature on October 2.
When it was first created in 1984, the Commission was made up of seven voting members, of which at least three were required to be federal judges (28 U.S.C. § 991(a)). In 2003, Congress amended the statute through the PROTECT Act, requiring that “not more than three” commissioners could be members of the judiciary. This meant that the Commission, the agency that monitors and amends the guidelines that federal judges consult at sentencing, could potentially include no judges at all.
FAMM commends passage of S.3659. Judges bring to the Commission an enormous wealth of experience and knowledge necessary to determine appropriate sentencing guidelines.
9/8/08
FAMM comments on 2009 sentencing guideline policy priorities
The U.S. Sentencing Commission published its list of policy priorities for the upcoming amendment cycle. To see the Commission’s priorities, please visit http://www.ussc.gov/FEDREG/20080908_Finalpriorities.pdf
In the month before announcing their final priorities, the Commission published a notice of possible policy priorities for the amendment cycle ending May 1, 2009 and solicited public comment. Read FAMM’s comment on the proposed priorities.
7/25/08
USSC publishes 2009 priorities
The United States Sentencing Commission (USSC) posted its 2009 priorities, including continuation of work in support of crack cocaine sentencing reform; consideration of alternatives to incarceration; and, potentially, a study of statutory mandatory minimum penalties. The USSC is soliciting public comment on proposed priorities through September 8. To see the USSC’s stated priorities, please click here.
7/25/08
FAMM sends 2009 sentencing priorities to U.S. Sentencing Commission
Each year, Families Against Mandatory Minimums submits a letter to the U.S. Sentencing Commission urging the commission to prioritize key sentencing issues in 2009 amendment cycle. The USSC will likely announce its priorities in August 2008. Read priorities letter
4/18/08
New updates to FAMM's frequently asked questions on crack guideline
FAMM has updated our resource on the crack cocaine guideline amendment and its retroactive application. To download FAMM's guide, click here.
4/18/08
Clarification of FAMMGram article on crack resources
FAMM was asked to clarify a section about crack retroactivity resources on p. 10 of our Spring FAMMGram newsletter. As the article notes, FAMM cannot provide its members with legal advice or representation. The best course is always to consult with your lawyer on any legal matter. Read more
3/3/08
Now is the time for crack offenders to talk to lawyers
On Monday March 3, the retroactive amendment to the crack guidelines went into effect across the country. Data from the U.S. Sentencing Commission shows that thousands of federal crack offenders could be eligible for sentence reductions. Read more
2/08/08
Public defenders letter on application of retroactive crack guideline
Click here to read the sentencing guideline committee's letter to lawyers
1/29/08
New links to crack retroactivity resources are available
Are you or your lawyer having difficulty understanding what the new retroactive crack amendment means, or how it might be used by the courts? For informative new resources, click here.
12/15/07
Understanding the federal crack cocaine guideline amendment
FAMM has put together a helpful resource on the crack cocaine guideline amendment and its retroactive application. Click here to download FAMM's guide.
12/11/07
Sentencing Commission votes in favor of crack cocaine retroactivity
Families Against Mandatory Minimums (FAMM), the nation's leading sentencing reform organization with 13,000 members – many of whom are incarcerated people and their families – praises the U.S. Sentencing Commission for its courage and leadership on improving crack cocaine sentencing policies for future defendants and current prisoners. Today in an historic vote, the Commission unanimously agreed to allow prisoners serving crack cocaine sentences to seek sentence reductions that went into effect on November 1. Retroactivity will affect 19,500 federal prisoners, almost 2,520 of whom could be eligible for early release in the first year. Federal courts will administer the application of the retroactive guideline, which is not automatic. Courts may refuse to grant sentence reductions to individuals if they believe they could pose a public safety risk. Read press release
12/11/07
Crack cocaine sentencing reform: A modest step in the right direction
FAMM handout explains impact of crack cocaine sentencing reforms. Click here to download the file.
12/5/07
Vote on retroactivity expected on Dec. 11
The U.S. Sentencing Commission plans to hold a December 11 public meeting where they are expected to vote on whether to make the new, lower crack cocaine guideline retroactive. While we do not know how the Commission will vote, we believe it is important to once again remind the Commissioners of the many lives they have the power to affect. To do that we encourage individuals with loved ones serving crack cocaine sentences to join us at the public meeting. The meeting will likely be brief but could very well be historic. Read more
11/14/07
Update on Sentencing Commission retroactivity hearing
11/3/07
Criminal law committee of the U.S. Judicial Conference of the United States calls for retroactivity of crack guidelines
Click here to download their letter to the commission.
11/3/07
Public defenders ask the Sentencing Commission to make guideline changes retroactive
Click here to download the letter from the public defenders.
11/2/07
FAMM urges U.S. Sentencing Commission to make crack cocaine guideline retroactive
Click here to download FAMM's letter to the Sentencing Commission.
11/1/07
What you need to know about the crack guideline
The U.S. Sentencing Commission's new crack guideline is effective Nov. 1. But what does that mean? Download FAMM's fact sheet for information you need to know about the crack guideline amendment and its possible retroactive application. Read more
11/1/07
10,000 letters show support for retroactivity
Thanks to your letters, the U.S. Sentencing Commission knows there is widespread public support for making the crack guideline retroactive. On Nov. 13 in Washington, D.C., the Commission is holding a public hearing on retroactivity and will decide shortly after that whether the new guideline will apply to people already in prison. Read more
10/31/07
Crack changes enacted by Commission
Effective November 1st, nearly 80 percent of defendants convicted of federal crack cocaine offenses will face sentences 16 months shorter on average, thanks to sentencing guideline reforms approved by the U.S. Sentencing Commission. However, if the amendment is not made retroactive, nearly 20,000 federal prisoners currently serving harsh sentences for crack cocaine offenses will not be eligible for relief. Read more
10/31/07
Questions, answers on crack change
Download answers to requently asked questions about the crack cocaine guideline amendment and possible retroactivity. Click here
10/19/07
It’s not too late to tell the Sentencing Commission to make crack guideline changes retroactive!
Do you support fair and equitable sentences? Have a loved one in prison serving a mandatory sentence? Please take a moment to write the United States Sentencing Commission (USSC) in support of making changes to the federal sentencing guidelines for crack cocaine “retroactive” (meaning, applicable to people already in prison serving guideline sentences for crack). All letters must be postmarked by October 31. Click here to write a letter.
10/14/07
Public hearing on crack guideline retroactivity announced
The United States Sentencing Commission is holding a public hearing on the retroactivity of the federal crack cocaine guideline amendment on Tuesday, November 13, 2007 at the Georgetown University Law Center at 9:30 a.m. More details
10/18/07 (updated)
ATTENTION FAMM MEMBERS:
CAUTION—THE CRACK AMENDMENT IS NOT YET RETROACTIVE!
Since announcing the U.S. Sentencing Commission’s report that 19,500 people could potentially benefit from the crack amendment, if it is made retroactive, FAMM has gotten many calls from members asking some important questions. We encourage all of our members to remember that the amendment is not retroactive yet, and may not become retroactive. Click here to download answers to some frequently asked questions (file is in Adobe Acrobat (.pdf) format.)
10/4/07
Crack cocaine guideline amendment would improve sentences for 19,500 people if made retroactive
On Oct. 3, the U.S. Sentencing Commission released its report on the estimated impact of the retroactive application of the so-called "crack minus two" guideline amendment it sent to Congress last May. The figures are significant and provide new hope that nearly 20,000 prisoners serving sentences for crack cocaine offenses could see their sentences reduced by an average of more than two years. However, the amendment is not yet retroactive. Read more
8/1/07
Tell the Sentencing Commission to make crack guideline changes retroactive!
On May 1, 2007, the United States Sentencing Commission proposed an amendment to the federal sentencing guidelines that, if enacted, will reduce the base offense level for crack offenses by two levels, resulting in shorter sentences for most crack defendants sentenced after November 1, 2007. FAMM supported the Commission’s proposed amendment to the crack guidelines and also asked the Commission to make the amendment retroactively applicable to those who were sentenced before November 1, 2007.
The Commission has just issued a call for public comment from any interested member of the public on the retroactivity issue. Now is your chance to write to the Sentencing Commission and tell them to ensure that thousands of individuals currently serving unjustifiably harsh sentences for crack have a chance to benefit from the sentence reductions, if the amendment goes into effect on Nov. 1, 2007. All letters are due by October 1, 2007. Read more and act!
7/31/07
FAMM, federal defenders letter to the U.S. Sentencing Commission on the formation of a victim's advisory board
Click here to download letter.
7/11/07
FAMM letter to the Sentencing Commission on proposed 2008 priorities and crack guideline retroactivity
Click here to download letter.
5/15/07
FAMM urges Congress to heed Sentencing Commission message
U.S. Sentencing Commission report finds crack disparity unjustifiable, up to Congress to fix the problem. Read press release.
5/15/07
U.S. Sentencing Commission unveils new report on crack cocaine
Congress received the U.S. Sentencing Commission's fourth report on federal crack cocaine sentencing policy on May 15. FAMM is analyzing the report and will post more information about the report findings soon. Click here to visit the U.S. Sentencing Commission's website and read the report on crack.
5/01/07
Crack cocaine and "compassionate release" changes sent to Capitol Hill
Today, as it does every May 1st, the United States Sentencing Commission sends to Congress a list of proposed changes to the federal sentencing guidelines. Included in the package going to Capitol Hill today are an amendment to improve crack cocaine sentences and a policy statement to give sentencing courts guidance on granting release to prisoners for extraordinary and compelling circumstances (sometimes referred to as compassionate release). These are issues of great importance to FAMM and ones we've worked on for years. Read more
4/27/07
U.S. Sentencing Commission votes for changes to crack guidelines
For the first time in 12 years, the U.S. Sentencing Commission has approved guideline changes to federal crack cocaine penalties tonight by a 6-1 vote. FAMM applauds the commission for acting on an injustice that can no longer be tolerated. Read more
4/25/07
Timeline charts two decades of crack cocaine sentencing disparity
Download FAMM's timeline of the federal crack cocaine sentencing disparity, from 1986 to 2007.
4/19/07
"Compassionate release" guideline amendment
proposed by U.S. Sentencing Commission
On April 18, the United States Sentencing Commission voted unanimously to approve a new policy statement to instruct judges considering whether to reduce a prisoner's sentence for extraordinary and compelling reasons, also sometimes know as "compassionate release" motions. This proposed guideline amendment would substantially expand the grounds for reduction of sentence under 18 USC § 3582(c)(1)(A)(i). The proposed guideline amendment is a victory for advocates. Read more
4/1/07
FAMM's recommendations to the U.S. Sentencing Commission on crack and powder cocaine sentencing
Read FAMM's letter to Judge Hinojosa, the chair of the U.S. Sentencing Commission, on federal cocaine sentencing policy. Click here to download the letter in Adobe pdf format.
03/20/07
Will U.S. Sentencing Commission finally address crack, compassionate release?
The U.S. Sentencing Commission's 2007 agenda includes requests for public comment on crack cocaine and compassionate release, as well as predictable proposals to increase sentences in a number of areas. Mary Price, FAMM vice president and general counsel, presented testimony at a public hearing on March 20 on these issues of concern to our members. Read testimony and more
11/13/06
FAMM testifies at United States Sentencing Commission's crack hearing
The United States Sentencing Commission is holding a hearing on crack cocaine sentencing guidelines on Nov. 14, 2006 in Washington, D.C. FAMM president Julie Stewart will present testimony urging commission members to act to correct the unjust disparity between federal crack and powder cocaine sentencing laws. Read more
3/17/06
Sentencing Commission report on Booker decision finds not much has changed
The U.S. Sentencing Commission published a report in March 2006 indicating that not much has changed in the federal sentencing system since Booker, the U.S. Supreme Court's ruling 14 months ago that made the nearly 20-year-old mandatory guideline system an advisory guideline system, thereby giving judges more freedom to decide what a fair sentence is. The report found that federal defendants are getting slightly longer prison sentences since the Booker decision, and that judges are by and large following the sentencing guidelines, as they did before the Supreme Court's decision in January 2005. Read more
3/17/06
Advisory guidelines v. mandatory guidelines
The debate on advisory versus mandatory sentencing guidelines rages on. Some say the advisory system is broken and must be “fixed” by returning to a system of mandatory sentencing guidelines. Among them is, William Mercer, the associate deputy attorney general who testified in support of mandatory guidelines at a hearing held by the Crime, Terrorism and Homeland Security subcommittee of the House Judiciary Committee. Read more