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Release under the US Sentencing Commission new guidelines

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ceeryl Posted: 03-07-2008 2:22 PM

I would like to know if anyone, knows anything about the new guidelines, for crack-cocaine vs powder cocaine. that was passed march 3, 2008, for state inmates, not federal inmates. Thank you ceeryl.

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 Below is an article I found addressing the Federal change.

From what I have heard, State changes will follow throughout the next year or so. Another good resource would be The Sentencing Project Organisation  http://www.sentencingproject.org/

They might be able to give State information 

U.S. Sentencing Commission Decision Takes Effect Today

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Three months after the U.S. Sentencing Commission voted unanimously to apply adjustments to the sentencing guidelines for crack cocaine offenses retroactively, sentencing reductions for eligible prisoners begin today. The Commission estimates that 19,500 persons in prison are eligible to apply for a sentence reduction expected to average just over two years. Releases are subject to judicial review and will be staggered over 30 years.

The bipartisan Commission voted 7-0 to make its guideline adjustment for crack cocaine offenses retroactive in December, after holding a hearing and receiving public comment from over 30,000 individuals and organizations supportive of reform. The decision came after the Commission's amendment to decrease the guideline sentences for crack cocaine offenses went unchallenged by Congress and took effect November 1, 2007.

While the sentencing guideline adjustments provided some relief from excessive penalties for those convicted of crack cocaine offenses, the Commission noted that the changes were “only a partial step in mitigating the unwarranted sentencing disparity that exists between Federal powder and crack cocaine defendants….” Legislative reform approved by Congress is necessary to eliminate the mandatory minimum sentences that created the 100 to 1 sentencing quantity disparity between crack and powder cocaine.
 
 
Ciao, AH
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