Amendments to the Sentencing Guidelines
Incorporating guideline amendments effective November 1, 2010. To be used in conjunction with the 2010 Guidelines Manual until publication of the 2011 manual, effective November 1, 2011.
The United States Sentencing Commission, pursuant to emergency amendment authority, promulgated a temporary, emergency amendment to each of the following guidelines:
- §2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy)
- §2D1.14 (Narco-Terrorism)
- §2D2.1 (Unlawful Possession; Attempt or Conspiracy)
- §2K2.4 (Use of Firearm, Armor-Piercing Ammunition, or Explosive During or in Relation to Certain Crimes)
- §3B1.4 (Using a Minor To Commit a Crime)
- §3C1.1 (Obstructing or Impeding the Administration ofJustice)
The Fair Sentencing Act of 2010, Pub. L. 111-220 (the "Act"), reduced statutory penalties for cocaine base ("crack" cocaine) offenses, eliminated the mandatory minimum sentence for simple possession of crack cocaine, and directed the Commission to review and amend the sentencing guidelines to account for specified aggravating and mitigating circumstances in certain drug cases. Section 8 ofthe Act required the Commission to promulgate, under emergency authority, the amendments provided for in the Act and such conforming amendments as the Commission determined necessary to achieve consistency with other guideline provisions and applicable law. The Commission was required to promulgate the amendment as soon as practicable, and in any event not later than 90 days after enactment ofthe Act. The Commission established an effective date of November 1, 2010, for this amendment.