Fair Sentencing Act of 2010 Amendment Materials
Retroactive Application of the Fair Sentencing Act Amendment
Amendment Language
- "Reader-Friendly" Version of Amendment on Retroactivity (effective November 1, 2011)
- Federal Register Notice of Final Action Regarding Amendment on Retroactivity (effective November 1, 2011)
- "Reader-Friendly" Version of the Final 2011 Guideline Amendment Implementing the Fair Sentencing Act
- Final Amendments to the Sentencing Guidelines, Policy Statements, and Official Commentary (effective November 1, 2011)
Training Materials
- Retroactivity Primer (June 2015)
- USSC Updates Web Training Video: Retroactive 2011 Crack Cocaine Amendment (November 2011). This video covers retroactive application of the Commission's permanent amendment implementing the Fair Sentencing Act of 2010, which became effective November 1, 2011.
- Most Frequently Asked Questions on the 2011 Retroactive Crack Cocaine Guideline Amendment (August 2011). This document provides answers to the most frequently asked questions about the Commission's decision to give retroactive effect to the proposed permanent guideline amendment implementing the Fair Sentencing Act of 2010.
Public Comment
- "Reader-Friendly" Version of the Commission's Request for Comment on Retroactivity
- 2011 Proposed Amendment Pertaining to Drug Offenses and Issues for Comment
Public Hearings and Meetings
- Notice of Public Meeting: June 30, 2011
- Notice of Public Hearing on Retroactivity: June 1, 2011
- Notice of Public Hearing on 2011 Proposed Amendments: March 17, 2011
Commission Analyses
Congressional Reports and Testimony Related to Federal Cocaine Sentencing Policy
Congressional Reports
- Report to the Congress - Impact of the Fair Sentencing Act of 2010 (August 2015). The Fair Sentencing Act of 2010 (FSA) reduced the statutory penalties for crack cocaine offenses to produce an 18-to-1 crack-to-powder drug quantity ratio. This report assesses the impact of the FSA on the federal criminal justice system.
- Report to Congress - Cocaine and Federal Sentencing Policy (May 2002).
- Special Report to Congress: Cocaine and Federal Sentencing Policy (April 1997).
- Special Report to Congress: Cocaine and Federal Sentencing Policy (February 1995).
Congressional Testimony
- Prepared Statement of Ricardo H. Hinojosa, Acting Chair, United States Sentencing Commission, before the House Committee on the Judiciary Subcommittee on Crime, Terrorism, and Homeland Security - May 21, 2009.
- Prepared Statement of Ricardo H. Hinojosa, Acting Chair, United States Sentencing Commission, before the Senate Judiciary Committee's Crime and Drugs Subcommittee - April 29, 2009.
- Prepared Statement of Ricardo H. Hinojosa, Chair, United States Sentencing Commission, before the Senate Judiciary Committee's Crime and Drugs Subcommittee - February 26, 2008.
- Prepared Statement of Ricardo H. Hinojosa, Chair, United States Sentencing Commission, before the Senate Judiciary Committee's Crime and Drugs Subcommittee - February 12, 2008.
- Prepared Statement of Ricardo H. Hinojosa, Chair, United States Sentencing Commission, before the House Judiciary Committee Subcommittee on Crime, Terrorism, and Homeland Security - June 26, 2007.
- Prepared Statement of Diana E. Murphy, Chair, United States Sentencing Commission, before the Senate Subcommittee on Crime and Drugs - May 22, 2002. View Charts and Figures.
- Prepared Statement of John R. Steer, Member and Vice Chair, United States Sentencing Commission, before the House Governmental Reform Subcommittee on Criminal Justice, Drug Policy and Human Resources - May 11, 2000. Figures.
- Testimony of the United States Sentencing Commission before the House Crime Subcommittee - December 14, 1995.
2007 Crack Cocaine Amendment Materials
Retroactive Application of the 2007 Crack Cocaine Amendment
- Crack Cocaine Retroactivity Data Report (June 2011). A set of tables presenting data on cases in which a motion for a reduced sentence was considered under 18 U.S.C. § 3582(c)(2). These cases involve retroactive application of the crack cocaine amendment to the sentencing guidelines (Amendment 706, as amended by Amendment 711) which became effective on November 1, 2007 and which was made retroactive effective March 3, 2008. The data in this report represents those motions decided by the courts through June 29, 2011, and for which data was received, coded, and edited by the Commission as of July 8, 2011.
- Past Retroactivity Data Reports on 2007 Crack Cocaine Amendment
- Analysis of the Impact of the 2007 Crack Cocaine Amendment If Made Retroactive
Crack Retroactivity Materials
- "Reader-Friendly" Version of 2007 Amendments to §1B1.10
- Federal Register Notice of Final Action Regarding Amendments on Retroactivity (effective March 3, 2008)
- Selected Retroactivity Case Law - Prepared by the Office of General Counsel, U.S. Sentencing Commission, for the Crack Retroactivity Summits held in January 2008.
- Crack Cocaine & Retroactivity Presentation - Slide Presentation from the Crack Retroactivity Summits held in January 2008.
- Federal Register Notice of Public Hearing on Retroactivity: November 13, 2007
- Federal Register Notice of the Commission's Request for Comment on Retroactivity (submitted July 27, 2007)
Court Materials Related to Retroactivity
- Amicus Curiae Brief Filed by the United States Sentencing Commission. On March 3, 2010, the United States Sentencing Commission filed an amicus curiae brief with the Supreme Court of the United States in support of the United States in Percy Dillon v. United States, 09-6338.
- Supreme Court Case Law: Dillon v. United States
- Dillon Decision