CRACK AMENDMENT

From : FAMM

Reply-To : "FAMM"

Sent : Friday, October 5, 2007 4:07 PM

Subject : Attention - the crack amendment is not yet retroactive!

ATTENTION FAMM MEMBERS:

CAUTION - THE CRACK AMENDMENT IS NOT YET RETROACTIVE! Since announcing the U.S. Sentencing Commission's report that 19,500 people could potentially benefit from the crack amendment, if it is made retroactive, FAMM has gotten many calls from members asking some important questions. We encourage all of our members to remember that the amendment is not retroactive yet, and may not become retroactive. Here are answers to some frequently asked questions:

Q: When will the Commission make the amendment retroactive?

A: The Commission can make the amendment retroactive any time after November 1, 2007. The Commission has not yet announced when it will decide whether to make the amendment retroactive.

Q: Will the crack amendment apply to me (or my loved one)?

A: If the amendment is made retroactive, only the sentencing court can decide whether the amendment applies to the prisoner and whether the prisoner gets a sentence reduction. Career offenders and those serving only the 5-year or 10-year mandatory minimum cannot benefit from the amendment. No one is guaranteed a sentence reduction, even if the amendment is made retroactive - it is entirely up to the sentencing court to grant or deny a reduction.

Q: If the amendment is made retroactive, will it reduce my (or my loved one's) sentence automatically?

A: No. To obtain a sentence reduction, a motion to the court that sentenced the prisoner is necessary. This motion cannot be made until after the Commission decides to make the amendment retroactive.

Q: Can someone at FAMM calculate what my (or my loved one's) new sentence will be if the amendment is made retroactive?

A: No. We do not know all the details of each prisoner's case or all the factors used to calculate a sentence. We cannot recalculate sentences - this is best done by the prisoner's attorney or by the court that sentenced him or her.

Q: Does the crack amendment do anything to reduce sentences for meth offenders?

A: No, unless the crime involved meth and crack, and the sentence was calculated for meth and crack. Again, FAMM cannot tell prisoners whether they will be eligible for a sentence reduction, or recalculate their sentences - this is best done by the prisoner’s attorney or by the court that sentenced him or her.

Q: Will FAMM announce when the Commission decides to make the amendment retroactive?

A: Yes. As soon as the Commission announces its decision, FAMM will post the decision on its website (www.famm.org) send out e-Alerts to its members, and notify the press.

Q: Will FAMM have resources available to help prisoners file a motion for a sentence reduction?

A: Yes. If the amendment is made retroactive, FAMM will have guidance and resources available to help prisoners with preparing and filing a motion for a sentence reduction.

Q: What can I (or my loved ones) do to help FAMM until the Commission makes its decision?

A: Send a letter to the Commission telling it to make the amendment retroactive. You can use our online letter-writing tool, at http://capwiz.com/famm/issues/alert/?alertid=10130351&PROCESS=Take+Action, to print out a letter to send to the Commission. Get your family and friends to send letters, too! All letters must be received by the Commission by November 1.

FAMM, 1612 K St. NW, Suite 700, Washington, D.C. 20006.