US Sentencing Commission makes new crack guidelines retroactive

The USSC voted unanimously to give retroactive effect to its proposed permanent amendment to the federal sentencing guideline that implements the FSA of 2010. (Press Release) The USSC vote, however, does not render the FSA of 2010 retroactive. Only Congress can make the statutory mandatory minimum penalties for crack offenders apply retroactively. Since the amendment has no impact on statutory mandatory minimum threshold quantities, many crack offenders will still be required to serve mandatory 5 or 10 year sentences based upon the amount of crack involved in their pre-FSA offense and/or sentence. Unless Congress strikes it down, the retroactive guideline takes effect November 1, 2011.