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September 14, 2012

Retroactive Guidelines: New development in Crack Cocaine sentencing


On August 30, 2010, the Fair Sentencing Act (FSA) became effective. The Fair Sentencing Act replaced the 100-to-1 crack to powder cocaine sentencing ratio with an 18-to-1 ratio under 21 U.S.C. § 841. Unfortunately, Congress did not act to have this law applied retroactively, meaning that those convicted and sentenced prior to the enactment of the law have been in legal limbo, having toargue for the common sense, retroactive application of the Fair Sentencing Act.

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