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
4/27/07
FAMM, legal groups urge U.S. Sentencing Commission to act
Send an amendment on crack cocaine sentencing to Congress, urges FAMM, the Practitioner's Advisory Group to the U.S. Sentencing Commission, the National Association of Criminal Defense Lawyers, and the Federal Public and Community Defenders. Click here to read sign-on letter.
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
4/01/07
FAMM's urges U.S. Sentencing Commission to correct federal cocaine sentencing policy
Read FAMM's letter to the U.S. Sentencing Commission on federal cocaine sentencing policy. Click here to download.
Find the entire set of proposed guidelines and issues for comment at the sentencing commission’s website, www.ussc.gov.
3/20/07
FAMM testifies at U.S. Sentencing Commission public hearing
Mary Price, FAMM vice president and general counsel testified at the U.S. Sentencing Commission's hearing on Tuesday, March 20. Click here to download and read her remarks on the compassionate release program in federal prisons.
3/01/07
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. FAMM has been urging the commission to address these issues, which are important to our members. How commission action will impact federal sentencing policy and possibly FAMM members remains to be seen.
Crack cocaine reviewed again
Despite studying the crack cocaine sentencing structure for over a decade, the commission is seeking comments on this issue. FAMM President Julie Stewart testified at a commission-sponsored hearing in November and restated FAMM's opposition to the sentencing disparity between crack and powder cocaine. The commission wants comments on all the testimony taken at that hearing, noting that a variety of views were presented. The commission says that it plans use the findings to update its 2002 Report to Congress, “Cocaine and Federal Sentencing Policy.”
In addition, the commission is asking the public to comment on the role of very minor prior offenses on determining the criminal history category. Criminal history is one of the most frequently cited reasons for below-guideline sentence reflecting judicial concern that the guidelines place too much emphasis on certain criminal history.
Compassionate release
For a number of years, FAMM has urged the commission to adopt a policy statement to guide judges considering whether to reduce a prisoner's sentence for extraordinary and compelling circumstances. In 2006, FAMM and other organizations asked for adoption of the policy statement proposed by the American Bar Association. (See FAMMGram, Fall 2006, page 10.) However, the commission adopted a policy statement that essentially restated the court’s authority under 18 U.S.C. § 3582(c)(1)(A)(i). According to the commission, this was “an initial step towards” implementing a Congressional directive to allow the commission to provide guidance to federal courts considering sentence reduction motions brought to them by the Bureau of Prisons for extraordinary and compelling reasons.
Now, the commission seeks further comment “regarding appropriate criteria and examples of extraordinary and compelling reasons.” It wants to know if the reduction should be made only when a condition arises after sentencing but was unknown to the court at the time of sentencing; was known but changed substantially; or was illegal for the court to consider at sentencing but a change in law now permits its consideration. They also ask if the motion should be limited to terminal illness or medical conditions and if not, what other factors might warrant sentence reduction.