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.
It is important to understand that some prisoners serving federal sentences for crack cocaine may face obstacles when seeking sentence reductions based on the retroactive crack guideline. They include:
* Prisoners sentenced for crack cocaine and as career offenders
* Prisoners sentenced for crack cocaine and as armed career criminals
* Prisoners sentenced to a mandatory minimum for crack cocaine
Because there are legal arguments that may assist some of those prisoners, it is very important that all prisoners serving sentences for crack cocaine consult with counsel. Remember, however, that only people whose sentences include a sentence for a crack cocaine offense are eligible for relief under the retroactive crack amendment. If a prisoner did not receive a sentence based at least in part on crack cocaine, they are not eligible for a reduction under the retroactive crack amendment.