{
  "id": "RS22800",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "RS22800",
  "active": false,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 347777,
      "date": "2008-02-01",
      "retrieved": "2016-04-07T03:42:48.952573",
      "title": "U.S. Sentencing Commission\u2019s Decision on Retroactivity of the Crack Cocaine Amendment",
      "summary": "In May 2007, the U.S. Sentencing Commission submitted to Congress several amendments to the Federal Sentencing Guidelines, one of which had the effect of lowering the recommended penalties for crack cocaine offenses committed by criminal defendants sentenced after November 1, 2007. One of the stated purposes of this \u201ccrack cocaine amendment\u201d was to alleviate some of the problems associated with the \u201c100-to-1\u201d drug quantity ratio in the federal drug trafficking laws that made crack cocaine defendants subject to the same sentence as those defendants trafficking in 100 times more powder cocaine, even though the two substances are chemically similar and have the same physiological and psychotropic effects. Prior to this amendment, the Guidelines called for prison terms for crack cocaine offenses that were three to six times longer than those for offenses involving equivalent amounts of powder cocaine. The crack cocaine amendment, which became effective on November 1, 2007, reduces this crack/powder penalty disparity by recommending sentences that are, on average, between two and five times longer than sentences for equal amounts of powder cocaine.\nOn December 11, 2007, the Sentencing Commission unanimously voted to apply the crack amendment retroactively, thus allowing eligible crack cocaine offenders who were sentenced prior to November 1, 2007, to petition a federal judge to reduce their sentences. However, the Commission chose to delay the effective date of its decision on retroactivity until March 3, 2008, in order to allow courts time to prepare for these motions. Shortened sentences for eligible, previously sentenced crack offenders are not automatic or guaranteed as a result of this retroactivity decision; rather, federal judges must determine whether an offender is eligible for a reduced sentence and the length of that reduction, after considering among other things the potential danger posed to public safety by an earlier release of the offender.\nLegislation introduced in the 110th Congress, H.R. 4842, would provide for only prospective effect of the crack cocaine amendment.",
      "type": "CRS Report",
      "typeId": "REPORTS",
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}