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US Sentencing Commission seeking comment on reduced criminal history guideline being retroactive

By Douglas A. Berman

As detailed in this official Federal Register Notice of request for public comment, the US Sentencing Commission is formally seeking input on whether to make its new defendant-friendly amendment to the criminal history sentencing guidelines retroactive. Here is the USSC's summary from its website of what its doing here: On April 29, 2010, the Commission submitted to the Congress amendments to the sentencing guidelines and official commentary, which become effective on November 1, 2010, unless Congress acts to the contrary.  Such amendments and the reasons for amendment subsequently were published in the Federal Register (75 FR 27388, May 14, 2010).  One of the amendments, specifically Amendment 5 pertaining to the use of recency as a factor in the calculation of the criminal history score, has the effect of lowering guideline ranges...continue to full post

Full post as published by Sentencing Law and Policy on July 19, 2010 (boomark / email).