The Federal Defenders Issue Important Memorandum Addressing Sentence Reductions Under the Retroactive Crack Amendment

The National Federal Defender Sentencing Resource Counsel has issued an important memorandum, downloadable here, addressing sentencing strategies in light of the Sentencing Commission's December 11, 2007 vote to give retroactive effect to the amendment reducing the crack guidelines, and making that retroactivity effective March 3, 2008.  Importantly, the memorandum presents arguments as to why the amendments implementing the retroactivity are simply advisory under Booker, and, in light of that, how practitioners may argue for an earlier effective date where the inmate is immediately eligible for release, for a reduction greater than two levels, and for application of the reduction to career offenders, armed career criminals, those serving mandatory minimum sentences, those whose guidelines are based on multi-drug offenses, and supervised releasees