Sentencing Commission Makes Reduction in Drug Sentences Retroactive

By Jeralyn, Section Crime in the News
Posted on Fri Jul 18, 2014 at 06:29:33 PM EST
Tags: drug law reform (all tags)

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Update: Here is Attorney General Eric Holder's press release endorsing the Sentencing Commission's action.

At my direction, the Bureau of Prisons will begin notifying federal inmates of the opportunity to apply for a reduction in sentence immediately. This is a milestone in the effort to make more efficient use of our law enforcement resources and to ease the burden on our overcrowded prison system.

The U.S. Sentencing Commission voted today to make the upcoming two level decrease in drug offense levels under the sentencing guidelines retroactive to cover those already serving sentences. Here is the press release.

The effective date for reductions for those already serving sentences will be delayed until November, 2015, so that courts can consider public safety risks. In other words, the retroactive application is not mandatory. Inmates can begin filing motions in November, 2014, but the reduction won't go into effect until November, 2015.

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Here is the text of the amendment. Congress has until November 1, 2014 to reject it. If it does not, the amendment will go into effect.

As to those who are already serving sentences, the reduction will not lower a sentence below the mandatory minimum 5, 10, or 20 year threshold if the offender was not exempted from the mandatory minimum due to cooperation or application of the safety valve at the time of sentencing. So not everyone will be eligible.

In other words, if a defendant received a 10 year mandatory minimum sentence, and with the amendment, his or her guideline range now falls below 10 years, there is no relief because the mandatory minimum trumps the guidelines. For a defendant subject to the 10 year mandatory minimum who received more than 10 years, his sentence can be reduced, but not below 10 years. (Only those who cooperated with the government or were eligible for the safety valve when sentenced, exempting them from the mandatory minimum, can be granted a reduction below the mandatory minimum through the amendment. )

As to current cases, even though not yet in effect, the two level reduction has been applied by courts since March when DOJ directed prosecutors to request it.

As to