Debate over retroactive application of new crack guidelines

This New York Times article spotlights that the Department of Justice officially opposes making the US Sentencing Commission’s new crack guidelines retroactive:

Department of Justice officials said yesterday that applying the new guidelines retroactively would erode federal drug enforcement efforts and undermine Congress’s role in creating sentencing policy. “The commission is now considering applying the changes retroactively, something that Congress has not suggested in any of the pending bills,” wrote a department spokesman, Peter Carr. “As we state in a letter filed with the commission today, we believe this would be a mistake, having a serious impact on the safety of our communities and impose an unreasonable burden upon our judicial system.”

Meanwhile, Harlan Protass has this op-ed in the Los Angeles Times making the case for retroactivity.  Here is how it ends:

Opportunities to neatly turn back time on social injustices are rare. The new crack sentencing scheme presents one such chance.  The Sentencing Commission should take advantage of this opening. To do otherwise is to compound the mistakes made when Congress first introduced harsh penalties for crack offenses.

Some related guidelines retroactivity posts:

• The Sentencing Project urges retroactivity of USSC crack amendment
• USSC schedules public hearing on crack amendment retroactivity
• USSC analysis on potential crack amendment retroactivity impact
• Crack wackiness brewing over impact of crack amendments
• Latest FSR issue covers crack sentencing
• ABA makes pitch for USSC crack amendments to be made retroactive
• Is there any principled basis for DOJ opposition to the crack amendment being retroactive?

UPDATE:  The Drug War Chronicle now has this effective feature on the crack amendment and the debate over retroactivity.