November 1, 2011 is a week away -- and that date will be historic, because it is when 12,000 federal crack cocaine offenders become eligible to seek reduced sentences based on new, retroactive changes to the federal sentencing guidelines.
This article from Georgia's Columbus Ledger-Enquirer tells the story and provides the background, in case you missed it (which was probably impossible, because FAMM played such a key role in the crack law reforms). The article quotes FAMM President Julie Stewart several times, and it tells the story of one federal prisoner hoping for a reduced sentence after November 1.
No one is guaranteed a sentence reduction -- prisoners must file motions asking for one, and courts do not have to grant them -- but we are thrilled that the big day is only one week away. Crack cocaine sentences based on the 100-to-1 disparity have always been unfair and created horrific racial disparities. These retroactive guideline changes bring us one step closer to the fair and individualized sentencing system FAMM's been fighting for.
If you have a loved one who is a federal offender serving time for a crack cocaine offense and do not know if he or she might be eligible for a sentence reduction, talk to a lawyer or contact the federal public defenders in the district where your loved one was convicted.
Monday, October 24, 2011
Crack Retroactivity Right Around the Corner
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2 Comments:
I have talked to a public defender and they told me that the judge would have to refer my brother to them. Is that correct? All he wanted is for someone to do his motion for him and I keep getting different information.
Every district is different -- in some places, public defenders are taking on cases without being appointed first; in others, they can't do anything until the court appoints them. Trust what your federal public defender's office tells you!
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