Yesterday, Attorney General Eric Holder testified before the U.S. Sentencing Commission about whether the new reductions for crack cocaine offenders should be applied retroactively–that is, to those sentenced before the new reductions occurred. Although the Department of Justice agreed that the crack cocaine sentence reductions should be applied retroactively, DOJ also contended that the Commission should create some exceptions for retroactively and not allow the reductions to apply to prisoners who used firearms when committing their crimes and those that are repeat offenders.
Families Against Mandatory Minimums had a response to the Attorney General’s proposal. In the New York Times, FAMM President “contended that the commission should make its crack cocaine guidelines retroactive without any exceptions because criminal histories and any gun possession were already factored into sentences under a separate part of the guidelines.”
“I think it’s political,” Ms. Stewart said of the Obama administration’s stance. Interviewed by phone, she characterized the Justice Department’s position as “splitting the baby.”
You can follow the coverage by the New York Times here. Professor Doug Berman also has coverage here, here and here.