Latest crack retroactivity FAQ from FAMM
Now available and subject to regular revision at FAMM’s website is this document entitled “FAQs about crack amendment retroactivity.” This 3-page document covers “frequently asked questions about the federal crack guideline amendment and its retroactive application.” Here’s one of many important Q & A sections:
Q: Will the crack amendment automatically apply to all crack offenders sentenced before November 1, 2007?
A: No. Only the sentencing court can decide whether the amendment applies to the prisoner and whether the prisoner gets a sentence reduction. To obtain a sentence reduction, the prisoner must make a motion under 18 U.S.C. § 3582(c)(2) to the court that sentenced him/her.