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Crack Cocaine Amendment to be Applied Retroactively

By Ron Chapman

Earlier this month, the U.S. Supreme Court ruled that the federal guidelines on sentencing for cocaine violations are advisory only, rejecting a lower court ruling that they are effectively mandatory. Judges must consider the Guideline range for a cocaine violation, the Court said, but may conclude that they are too harsh when considering the disparity between punishment for crack cocaine and cocaine in powder form.In still another recent development, the United States Sentencing Commission unanimously voted today to give retroactive effect to a recent amendment to the Federal Sentencing Guidelines that reduces penalties for crack cocaine offenses. Retroactivity of the crack cocaine amendment will become effective on March 3, 2008. Not every crack cocaine offender will be eligible for a lower sentence under the decision...continue to full post

Full post as published by Palm Beach Criminal Defense Blog on December 16, 2007 (boomark / email).