Posts Tagged ‘crack guideline’

Reduction of Sentence by Federal Bureau of Prisons

Sunday, December 30th, 2007

The U.S. Sentencing Commission modifies a 2006 guideline, U.S.S.G. Section 1B1.13, Reduction in Term of Imprisonment as a Result of Motion by Director of Buereau of Prisons (Policy Statement) by providing examples of extraordinary and compelling reasons. http://www.ussc.gov/2007guid/may2007rf.pdf 

The guideline implements Title 28 U.S.C. Section 994(t),  a section of the law that allows the Sentencing Commission, under general policy, to provide a means to reduce a sentence of an inmate, upon motion of the Director of the Bureau of Prisons under Title 18 U.S.C. Section 3582(c)(1)(A).   The court may reduce a term of imprionsment, if after considering the factors set forth in 18 U.S.C. Section 3553(a) the court determines that either 1) extraordinary and compelling reasons warrant the reduction, or 2) the inmate is at least 70 years old and has served at least 30 years in prison; AND the inmate is not a danger to the safety of any other person or the community and the reduction is consistent with the policy statement.

Keep posted for more particulars on what is compelling and extraordinary!

What Crack Cocaine Cases Qualify for Sentencing Reductions?

Saturday, December 29th, 2007

The U. S. Sentencing Commission reduced the crack cocaine guideline by two levels and ruled it retroactive.  Now 5 grams of cocaine base are assigned a base offense level of 24 (51-63 months at Criminal History Category I – which takes into account the 5 yr. MM statutory sentence.)  A U.S.S.G. base offense level score of 30 is assigned to an offense with 50 grams of cocaine base.  The Sentencing Commission’s prison impact model predicts that this change in the advisory guideline will affect 69.7% of the crack cocaine offenses sentenced under Section 2D1.1 and will result in an average decrease of  15months.  All those sentenced under the minimum mandatory statue will not be affected by this change.  The best way to determine this on an individual basis is to go back and read the Judgement and Commitment Order.  http://www.ussc.gov/PRESS/rel121107.htm