Fair Sentencing Act of 2010
The Fair Sentencing Act of 2010 was effective on August 3, 2010. The Act has initiated several changes to the sentencing guidelines, especially those that relate to the sentencing requirements for crack cocaine offenses. It has reduced the sentencing ratio of crack cocaine versus powder cocaine from 18 to 1. This is a substantial difference from the previous 100 to 1 ratio that was imposed when the guidelines were originally enforced. It seems the legislature has recognized the harsh sentences the crack cocaine offenders were receiving for a relatively minor offense.
The Act also increases the mandatory minimum requirements. Now, 28 grams triggers the five-year mandatory minimum and 280 grams triggers the ten-year mandatory minimum. Additionally, the Act has also eliminated the mandatory minimum for simple possession of crack cocaine, which was previously set at a five year minimum sentence.
The provisions of the Act were implemented into the United States Sentencing Guidelines and became effective on November 1, 2010. However, the Act is not retroactive, meaning that the provisions will not affect those who have already been convicted of a federal crack cocaine offense. In any case, a person accused of a federal crime should consult with an experienced federal defense lawyer to determine what sentencing guidelines apply to your case. Your attorney will be able to review your presentence investigation report and decide what would be the best defense for your case. A good federal attorney would also be able to inform you as to whether you are eligible for any sentencing reductions.
If you or a family member has been indicted for a federal crime, contact one of our federal trial lawyers for a free consultation.
