Yesterday, the Sentencing Commission voted on various amendments to the guidelines, including an amendment to adjust the Drug Quantity Table down by 2 levels. The amendments will be submitted to Congress by May 1, 2013, and, barring Congressional action, they will take effect November 1, 2014.
The amendment to the drug guidelines does not address retroactivity. The Commission will publish an issue for comment on retroactivity
, with comments due in June, 2014.
Practitioners should consider using yesterday's vote on the drug guidelines to argue for a variance or continuance starting immediately. As noted in this Latest News Post
, last month DOJ directed "prosecutors not to object if defendants in court seek to have the [then] newly proposed [drug] guidelines applied to them during sentencing."
For more on all of the amendments on which the Commission voted, including drugs, read this Summary of 2014 Guideline Amendments
by Sentencing Resource Counsel. The full text of the amendments is available in this Reader-Friendly Version