Search Results for retroactive

...Stephen I. Vladeck © The Ohio State University Using the Supreme Court s Original Habeas Jurisdiction to Ma[k]e New Rules Retroactive Ever since the Supreme Court s 1989 decision in Teague v. Lane,1 state and federal prisoners alike have struggled to take advantage of new rules...

...U.S. Sentencing Commission © The Ohio State University Preliminary Issue for Comment: Retroactive Application of Sentencing Guideline Amendments This document sets forth an issue for comment in the unof cial, reader-friendly form in which it was made available at the Commission s public...

...United States Sentencing Commission © The Ohio State University Analysis of the Impact of the 2014 Drug Guidelines Amendment If Made Retroactive UNITED STATES SENTENCING COMMISSION May 27, 2014 Federal Sentencing Reporter, Vol. 26, No. 5, pp. 315 338, ISSN 1053-9867, electronic ISSN 1533-8363...

...Kim Steven Hunt; Andrew Peterson © The Ohio State University Recidivism Among Offenders Receiving Retroactive Sentence Reductions: The 2007 Crack Cocaine Amendment In 2007, the United States Sentencing Commission amended the Drug Quantity Table in section 2D1.1 of the sentencing guidelines1...

...U.S. Sentencing Commission; Glenn Schmitt; Lou Reedt; Kenneth Cohen © The Ohio State University USSC Staff Analysis of the Impact of the Crack Cocaine Amendment if Made Retroactive To: Chair Hinojosa Commissioners Judith W. Sheon I. Cocaine Base Amendment On May 1, 2007, pursuant to 28 U.S.C...

...Federal Defender Sentencing Guidelines Committee © The Ohio State University Memorandum on Effective, Efficient and Fair Implementation of the Retroactive Amendment Editor s Note: This memorandum was prepared for distribution to participants at the Crack Amendment Retroactivity Summit held...

...Stephen R. Sady Retroactive amendments to the federal sentencing guidelines, such as Amendment 821 to the calculation of criminal history, confer discretion on judges to reduce sentences when the Sentencing Commission determines that a guideline is overly harsh. The statute on retroactive...

...Gray Proctor © The Ohio State University Old Rule, Partially Retroactive, and No Remedy: Why Hurst Won t Help Many on Florida s Death Row GRAY PROCTOR* Law Of ce of Gray R. Proctor, Orlando, Florida For almost fourteen years, courts and capital defendants have wanted an answer to the question...

...J. Matthew Wright © The Ohio State University Urging Retroactivity for New Guidelines from the Sentencing Commission J. Matthew Wright Research and Writing Specialist, Office of the Federal Public Defender, Northern District of Texas I would advise the Commission to make two amendments...

...American Bar Association © The Ohio State University Letter to USSC Urging Retroactivity of Crack Amendments AMERICAN BAR ASSOCIATION August 22, 2007 August 22, 2007 Honorable Ricardo H. Hinojosa, Chair United States Sentencing Commission One Columbus Circle, N.E. Suite 2-500, South Lobby...

...Alice Fisher © The Ohio State University Letter from Assistant Attorney General Alice Fisher to Sentencing Commission Chairman Ricardo Hinojosa Regarding Retroactivity of Crack Guidelines Amendments ALICE FISHER Assistant United States Attorney General November l, 2007 Editor s Note...

...Steven L. Chanenson © The Ohio State University Statement of Steven L. Chanenson Before the United States Sentencing Commission Regarding Retroactivity of Crack Guidelines Amendments STEVEN L. CHANENSON Professor of Law Villanova University School of Law November 13, 2007 Chairman Hinojosa...

...U.S. Sentencing Commission © The Ohio State University Reader-Friendly Version of Amendments on Crack Cocaine Guideline Retroactivity This compilation contains the unofficial text of the two amendments to policy statement §1B1.10 [Reduction in Term of Imprisonment as a Result of Amended...

...U.S. Sentencing Commission © The Ohio State University Preliminary Crack Cocaine Retroactivity Data Report U.S. SENTENCING COMMISSION May 2008 Introduction As part of its ongoing mission, the United States Sentencing Commission provides Congress, the judiciary, the executive branch...

... © The Ohio State University Analysis of the Impact of Amendment to the Statutory Penalties for Crack Cocaine Offenses Made by the Fair Sentencing Act of 2010 and Corresponding Proposed Permanent Guideline Amendement if the Guideline Amendment Were Applied Retroactively I. PENALY STRUCTURE...

...Office of Research and Data; Office of General Counsel; United States Sentencing Commission © The Ohio State University Memorandum: Retroactivity Impact Analysis of Parts A and B of the 2023 Criminal History Amendment To: Chair Reeves Commissioners Ken Cohen, Staff Director From: Of ce...

... in thousands of cases where the First Step Act has retroactively reduced statutory penalties. Not only does the First Step Act offer prisoners new opportunities for sentence reduction, but the law also may change how federal judges understand the impact of their sentencing decisions. Before now, in federal...

.... These include grants based on reasons ranging from vulnerability to COVID all the way to the injustice of continued incarceration of people serving sentences the FSA lowered but did not make retroactive. Confronting the Commission is the question of whether and to what extent it might cabin the discretion...

... in guideline sentence ranges for crack offenses, with particular emphasis on the Commission s important and consequential decision to give its new crack guideline amendments retroactive effect. I. The Sentencing Commission Goes Retro A dozen years after it started issuing a series of detailed research reports...

... of constitutional law, made retroactive to cases on collateral review by the Supreme Court3 Although new rules of constitutional law generally do not apply to convictions that have become nal, certain retroactive rules do, and prisoners can raise claims that are based on retroactive rules in petition for post...