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Senior District Judge Richard Kopf reports on his blog, Hercules and the Umpire, that the federal Administrative Office of the Courts has sent out an email noting the federal judiciary's support for retroactive application of the proposed amendments that would reduce by two levels the guidelines offense level for drug crimes.
Judge Kopf's post is Judiciary Supports Sentencing Amendment Retroactivity with Delayed Implementation, Training.
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The Justice Department announced today its support for retroactive application of proposed changes in the United States Sentencing Guidelines applicable to drug offenses for most but not alldefendant sentenced in a drug offense case in federal court. The proposed amendments to the sentencing guidelines reduced by two levels the offense levels applicable to drug crimes.
The defendants who would be eligible for retroactive benefit of the amendments would be those in the following categories:
Defendants in Criminal History Categories I and II who did not receive (1) a mandatory minimum sentence for a firearms offense pursuant to 18 U.S.C. § 924(c); (2) an enhancement for possession of a dangerous weapon pursuant to §2D1.1(b)(1); (3) an enhancement for using, threatening, or directing the use of violence pursuant to §2D1.1(b)(2); (4) an enhancement for engaging in an aggravating role in the offense pursuant to §3B1.1; or (5) an enhancement for obstruction or attempted obstruction of justice pursuant to §3C1.1. (2) an enhancement for possession of a dangerous weapon pursuant to §2D1.1(b)(1); (3) an enhancement for using, threatening, or directing the use of violence pursuant to §2D1.1(b)(2); (4) an enhancement for engaging in an aggravating role in the offense pursuant to §3B1.1; or (5) an enhancement for obstruction or attempted obstruction of justice pursuant to §3C1.1.
This is DOJ's release: Justice Department Urges U.S. Sentencing Commission to Make Certain Individuals Incarcerated for Drug Offenses Retroactively Eligible for Reduced Sentences.
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