Fair Sentencing Act of 2010 + Guidelines

2014 Amendment to USSG 2D1.1 – Reduction in the Drug Quantity Table.

In April of 2014, the US Sentencing Commission submitted a proposed amendment for USSG 2D1.1  to Congress. The amendment revises the guideline applicable to drug trafficking offenses by lowering the Drug Quantity Table contained in USSG 2D1.1 by two levels.  It is estimated that over 46,000 individuals who were sentenced between October 1, 1991, and October 31, 2014, would be eligible for a reduction in their sentence if this amendment is made retroactive.  On average, persons eligible for this reduction are looking at about a 25 month reduction of their present sentence.

On July 14, 2014, a News Release the US Sentencing Commission unanimously votes to allow delayed retroactive reduction in drug trafficking sentences.  What does this mean?  If Congress passes the proposed amendment, many people who are presently in prison would be eligible for a reduction in their sentence.  These changes in terms of actual release from prison would first begin on November 1, 2015.  The amendment will take effect on November 1, 2014, absent contrary action by Congress.

Links

US Sentencing Commission News Release, dated July 18, 2014
Chief Judge Saris, Chair, US Sentencing Commission Remarks, dated July 18, 2014
Office of Research and Data, Office of General Counsel Memo -Analysis of Impact of Retroactive Amendment, dated May 27, 2014
Preliminary Proposed Amendment - Retroactive Application of Amendment 782, dated July 18, 2014
General Order No. 2014-07 

Frequently Asked Questions: Retroactive Application of the 2014 Drug Guidelines Amendment

Background Information on the Fair Sentencing Act of 2010 and the recently Amended Guidelines.

This information is being provided as guidance relative to the recent crack cocaine developments arising from the Fair Sentencing Act of 2010. It is important to note that eligibility for any sentencing reduction arising from the Fair Sentencing Act of 2010 or the amended sentencing guidelines that resulted from the Fair Sentencing Act of 2010 is solely at the discretion of the district court judge handling the case.

Links

USSG Amendments to the Sentencing, dated April 28, 2011
US Sentencing Commission News Release, dated June 30, 2011
Fair Sentencing Act Statute
Attorney General Eric H. Holder’s Memo, dated July 15, 2011
USSG  1B1.10
Retroactivity of Amendment 750 (parts A and C)
USSG 2D1.1 Amendment
Order of Chief Judge Oliver, Appointing FPD, dated October 4, 2011
Order of Chief Judge Oliver, Authorization to Disclose PSR and Sentencing Orders, dated October 4, 2011

Questions or concerns relating to the Fair Sentencing Act of 2010 or the amendment to USSG 2D1.1, please contact:

Jeffrey Lazarus (216)522-4856
Christine Sason (216)522-4856
Diana Rodriguez (419)259-7370
Dennis Terez (216)522-4856