4/18/08 (updated)
Crack retroactivity resources
Are you or your lawyer having difficulty understanding what the new retroactive crack amendment means, or how it might be used by the courts? The Legal, Policy and Training Division of the Office of the Federal Public Defenders has made several important crack retroactivity guidance tools available at this link http://www.fd.org/odstb_CrackCocaine.htm:
Applying the crack amendments 101 describes how to calculate new base offense levels using the amended guidelines, including more complicated calculations when the sentence was calculated for crack and some other drug (e.g., heroin, meth).
Sentence reductions under the retroactive crack amendment describes a number of important legal issues that could come up when bringing a § 3582(c)(2) motion for a sentence reduction. These issues include:
(1) The right to have an attorney and a hearing, and to be present at that hearing, when bringing a § 3582(c)(2) motion;
(2) The right to have a full resentencing in accord with Booker v. United States;
(3) Whether the amendment can be applied retroactively in career offender and Armed Career Criminal cases;
(4) Obtaining early release for defendants eligible for release before March 3, 2008.
Because every case is unique and the legal issues are potentially so complicated, we are telling all of our members in prison to try to get an attorney to help them file a § 3582(c)(2) motion. FAMM cannot provide its members with legal advice or representation. Those in prison should ask their former lawyers for help.
If those attorneys cannot help, contact the Office of the Federal Public Defender (see the complete list of offices here) in the district where the person was convicted. If that office is not able to help, the person should file a motion for appointment of counsel with the court that sentenced him/her.
The Office of the Federal Public Defender in the Middle District of North Carolina has made sample motions for appointment of counsel available at this link. Those not convicted in the Middle District of North Carolina should contact the Federal Public Defender in the district where they were convicted or check their prison’s law library for sample motions for appointment of counsel.
FAMM is also continually updating our frequently asked questions document on the crack guideline and its retroactive application. Click here to download the latest version, updated on April 18, 2008.