New Federal Crack Cocaine Sentencing Law

Congress passed and the President signed into law August 3, 2010 the Fair Sentencing Act of 2010 which reduces the minimum mandatory penalties for crack cocaine and will result in a corresponding guideline change.  Click here for a copy of the bill.  The Justice Department, sadly, is taking the position that the new crack law will NOT apply to defendants whose crimes were committed prior to August 3, 2010, the day the new law went into effect, even if their sentencing takes place after that date.  This is a hotly disputed legal issue.  Click here to see a memo of law Mr. Kent has filed on behalf of a client in this position.  The federal Sentencing Commission has issued emergency amendments to reflect the new law, and these amendments also are not retroactive.  The amendments to the guidelines go into effect November 1, 2010 and basically call for a two level reduction for the drug amount (but also provide for a number of more than offsetting upward adjustments for newly created enhancements).  

William Mallory Kent
Attorney at Law

1932 Perry Place
Jacksonville, Florida 32207-3443
904-398-8000  Office Telephone    

904-662-4419 Cellphone 
904-348-3124 Fax
Email kent@williamkent.com