Tuesday, July 5, 2011

FAMM Re the Sentencing Commission's Recent Vote

The Sentence Speak blog of FAMM provides these things to "remember" re the Sentencing Commission's recent vote:

1. The retroactive guideline changes only benefit people convicted in federal courts for a drug offense that involved crack cocaine -- state offenders and people whose cases didn't involve crack can't benefit;
the changes do not make the FSA's changes to crack mandatory minimum sentences retroactive -- only Congress can do that

2. Sentence reductions are not automatic -- you have to go back to court, file a motion under 18 U.S.C. section 3582(c)(2), and ask for a sentence reduction -- talk to a lawyer about how to do this;
no one is guaranteed a reduction -- the judge will review the case, and whether you get a reduction is entirely up to him/her

3. Courts cannot start granting sentence reductions until after November 1, 2011

4. FAMM cannot tell you if you may benefit. We can't give you legal advice, recalculate your sentence, or help you file a motion. To get that kind of help, contact the Federal Public Defenders!

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