The Fair Sentencing Act of 2010, signed into law by President Obama last August, eliminated the mandatory minimum sentence for simple possession of crack cocaine and increased the quantity needed to trigger the mandatory minimum sentence for crack cocaine trafficking.
The Act directed the United States Sentencing Commission-the independent government agency that establishes sentencing guidelines for federal judges to follow when sentencing convicted criminals-to amend the current federal sentencing guidelines for drug trafficking cases to account for aggravating and mitigating circumstances.
The Commission recently established new federal sentencing guidelines pursuant to the Act and submitted the amendments to Congress for review and approval. Congress has 180 days as of May 1, 2011, to review the Commission's amendments. If Congress approves the amendments, the new guidelines will take effect November 1, 2011.
For years, the Commission has favored changing the statutory penalty structure for crack cocaine offenses to include less stringent prison sentences. "The Fair Sentencing Act was among the most significant pieces of criminal justice legislation passed by Congress in the last three decades," says Commission Chair, Judge Patti B. Saris.
The Commission indicated that the new guidelines will focus more on subjective mitigating factors as they relate to each defendant rather than simply quantitative drug amounts. If Congress approves the new guidelines, the Commission says that crack cocaine offenders sentenced after the law takes effect this fall are likely to receive a 25 percent lower sentence.
The Commission is currently deciding whether the new guidelines will apply retroactively. A hearing will be held next month on the issue.
