Shelly Twining's blog

Update to Sentencing Commission's Proposal to Lower Drug Quantity Table

As an update to the January 10, 2014, blog regarding the Sentencing Commission's proposal to lower the drug quantity table, a hearing has has been scheduled for March 13, 2014.  They will vote in early April and submit it to Congress in May.  If passed, the effective date would be November 1, 2014.  (For details on this proposal, please see our 1/10/14 blog entitled "Sentencing Commission Proposes to Lower Drug Quantity Table by Two Levels." )

Sentencing Commission Proposes to Lower Drug Quantity Table by Two Levels

In a news release from the U.S. Sentencing Commission dated January 9, 2014, the Commission voted to publish proposed sentencing guideline amendments which includes possible reductions to the sentencing guideline levels for drug trafficking offenses. The proposed amendment would lower the base offense level in the Drug Quantity Table by two levels in guideline section 2D1.1.  A hearing will be held in March by the Commission. If it passes the amendment will then be submitted to Congress sometime in May.

US v. Blewett -- Sixth Circuit Court of Appeals Opinion

On December 3, 2013, following an en banc hearing on October 9, 2013, the Sixth Circuit Court of Appeals issued United States v. Blewett, Case No. 12-5226/5582, and held the Fair Sentencing Act of 2010 "does not retroactively undo final sentences."  Judge Sutton delivered the opinion, in which Chief Judge Batchelder and Judges Boggs, Gilman, Gibbons, Cook, McKeague, Griffin and Kethledge joined.

United States v. Blewett Sixth Circuit Court of Appeals En Banc Oral Argument

On October 9, 2013, that United States Court of Appeals for the Sixth Circuit heard en banc oral arguments in the case of United States v. Blewett, et al., Case Nos. 12-5226 and 12-5582.  The issue was whether the Fair Sentencing Act of 2010 should be given complete retroactive effect.  In other words, should the FSA be applied to defendants whose criminal conduct and whose sentencing hearings both pre-date the signing into law of the FSA on August 3, 2010? Frank W. Heft, Jr. of the Western Kentucky Federal Community Defender, Inc. argued for the defendants; Terry M.

Reevaluating the Effectiveness of Federal Mandatory Minimum Sentences

The United States Sentencing Commission recently issued a report entitled “Reevaluating the Effectiveness of Federal Mandatory Minimum Sentences,” wherein they strongly suggest Congress reduce certain statutory mandatory minimum sentences, and also recommend that the Fair Sentencing Act of 2010 be made retroactive.  The full report is attached here. 

Statement of Judge Saris, Chair US Sentencing Commission, Sept. 18, 2013

BOP Program Statement -- Compassionate Release/Reduction in Sentence

On August 12, 2013, the Bureau of Prisons released a Program Statement regarding Compassionate Release/Reduction in Sentence: Procedures for Implementation of 18 U.S.C. §§ 3582(c)(1)(A) and 4205(g).  In this statement, the BOP details the summary of changes in the policy, the purpose and scope, program objectives, and other important information relating to compassionate releases/reductions in sentences.

FCC Approves New Rules for Prison Interstate Long-Distance Calls

The FCC has approved new rules aimed to bring down the high rates presently charged by telephone companies at prisons for interstate long-distance calls.  The exorbitant costs charged to inmates and their families (some cases $17 for a 15 minute call) prohibits the inmate from maintaining contact with family and friends during their incarceration.  Studies have shown that there is a lower rate of recidivism with inmates who keep regular contact with family and friends during the incarceration.  FC

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