tyler mcclure 0

retroactivity of drug amendment

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Dear members of the U.S sentencing commission

i support the work that prisology does, and am writing in favor of retroactive application of the recent amendment to the federal drug guidelines...

i belive that the commission should make this amendment retroactive to all eligble offenders,without limitation. in creating the guidelines, congress specifically directed the commission to give "particular attention to the requirements of subsection 991(b) (1)(B) for providing certainty and fairness in sentencing and reducing unwarranted sentance disparities." 28 U.S.C 994(f). if this amendment were only given prospective effect, tremendous unwarrented sentencedisparities would result between offenders sentanced before november 1, 2014, and those sentanced afterwards...

the same is true of proposed limitations on retroactive application of the amendment. the commission should not limit the amendment to offenders sentanced before the courts decision in united states v. booker, 543 U.S. 220 (2005). further, the commission should not limit the amendment to only offenders who recived the "safety-valve." when this amendment takes effect on november 1, 2014, it will apply to all drug offenders. retroactive application of the amendment should be no diffrent.

sentencing judges are capeable of determining which defendants should recive the benefit of the amendment withoutcategorical exclusions or limitaitons. the commissions data reflects that public safety was not endangered by retroactive application of the crack cocaine amendments. that should be true with this amendment too. moreover, the federal courts have the insitutional capacity and experiance following the retroactive crack cocaine amendments to handle an influx of sentenance reduction motions from defendants. accordingly, i strongly urge the commission to make this amendment retroactive, without limitation.


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