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A crack-transition question from a public defender

By Douglas A. Berman

I received via e-mail this inquiry from a public defender, which I was authorized to put up on the blog: Given that H.R. 3245 is pending in the House and given that ? according to F.A.M.M. ? it will eliminate the crack/powder disparity completely if passed, I would like to know if attorneys in various federal districts have been able to continue sentencing hearings in crack cases until we know what will become of HR 3245?  Or is there some other creative crack sentencing strategy being employed in light of H.R. 3245? Though this question does not directly focus on the issue of whether crack sentencing reform by Congress will be made retroactive, it does provide an effective reminder of all the transition issues and challenges posed by proposed sentencing reforms even before they become law.continue to full post

Full post as published by Sentencing Law and Policy on August 09, 2009 (boomark / email).