On May 1, the Sentencing Commission sent Congress a set of proposed amendments to the federal sentencing guidelines that will go into effect on November 1. Proposed amendment 5 would change the way criminal history is calculated. It would eliminate the guideline rule about recency. That rule adds one to two criminal history points if the crime for which the person is being sentenced was committed less than two years after release from prison.
Because the amendment may lower sentences in some circumstances, the Commission considered making that rule retroactive. FAMM submitted comments to the Commission and urged it to make the amendment retroactive.
Unfortunately, on September 16, the Commission held a public meeting and decided NOT to make the recency amendment retroactive. This means that it will apply only to people sentenced on or after November 1, 2010, and does NOT apply to people sentenced before that date. In short, the recency amendment will not help people who are already in prison.
The changes to the recency rule do not change or eliminate any mandatory minimum sentences.
Click here to read FAMM's FAQs about the recency amendment.
Click here to download FAMM's letter to the Commission.
Click here to download the U.S. Sentencing Commission's call for public comment on the recency amendment.