Crack Cocaine Sentences Going Retro

On August 3, 2010, President Obama signed into law the Fair Sentencing Act.  That Act modified the mandatory minimum sentence for crack cocaine by increasing the amount necessary to trigger those mandatory minimum sentences.  Under the Fair Sentencing Act, the 5 year mandatory minimum sentence kicks in at 28 grams vs. the original 5 grams under the old law.  Also, the 10 year mandatory minimum sentence kicks in at 280 grams vs. the original 50 grams under the old law.

In order to make these changes effective, the United States Sentencing Guidelines published emergency amendments to the crack cocaine guidelines in 2010.  The emergency amendments are going to be made permanent on November 1, 2011.

On June 30, 2011, the Sentencing Commission voted to make the amendments to the crack cocaine guidelines retroactive.  This means that all defendants who were convicted and sentenced for possession with intent to distribute or for distribution of crack cocaine will be eligible for a reduction in their federal sentence.

Being eligible for a reduction does not mean that all defendants will receive a reduction automatically.  In order to receive a reduction, the defendant must file a motion under Title 18, United States Code, Section 3582(c)(2).  Most importantly, the defendant must wait until after the November 1, 2011 effective date of the amendment.  Any motion filed prior to that time is subject to being denied by the court as premature.

Not all defendants who were convicted of a crack cocaine offense will be eligible to receive a reduced sentence.  In certain circumstances, typically based on the quantity of the crack cocaine at the original sentencing, the changes in the guidelines will not result in a reduction in the sentence.

The Law Office of Michael P. Hanle can assist in preparing and filing a motion under 18 U.S.C. 3582(c)(2)  in an effort to obtain a reduction of your federal crack cocaine sentence.  For more information on the amendments and how they will effect crack cocaine sentences, see the U.S. Sentencing Commissions at
United States Sentencing Commission, FAQs on Crack Cocaine Amendment.