Crack Retroactivity Page

The United States Sentencing Commission voted to give retroactive effect to its proposed permanent amendment to the Federal Sentencing Guidelines that implements the Fair Sentencing Act of 2010. Retroactivity of the amendment will become effective on November 1, 2011. It appears that our U.S. Attorney's Office is giving up on the "Peveler" argument for 11(c)(1)(c) pleas. (Peveler held when the agreement was to a specific sentence and ignored the guidelines, a retro change in the guidelines should not disturb the agreement.) The majority of our district's plea agreements do factor in the guidelines and Peveler was readily distinguishable. See also, United States v Freeman, No. 09-10245 (June 23, 2011).

Reader-friendly version of amended 1B1.10.