Important memo analyzing crack retroactivity issues

Thanks to the folks at the Office of Defender Services, this website now has made available this impressive and important 23-page memorandum that seeks to provide “a comprehensive analysis of issues that may arise in the retroactive application of the crack cocaine guideline amendments.”  The memo is dated January 2, 2008, and was authored by the National Federal Defender Sentencing Resource Counsel.  Key topics covered in this memorandum include:

1. the right to counsel
2. the right to a hearing, and the right for the defendant to be present
3. the right to a full resentencing in accord with Booker v. United States
4. obtaining early release for defendants eligible for release before March 3, 2008
5. retroactive application of the amendments in special cases, including career offender and Armed Career Criminal cases.