Monday, April 25, 2011
Proposed Guideline Amendments
The Sentencing Commission has proposed amendments to the Sentencing Guidelines. You may find them by clicking here: http://www.ussc.gov/Legal/Amendments/Reader-Friendly/20110119_RFP_Amendments.pdf.
There are at least two notable defense friendly amendments:
1. Elimination of supervised release for many deportable aliens, except in cases of mandatory supervised release terms such as in drug cases. See page 79 of the document linked above.
2. Offense level relief on old illegal reentry enhancement predicates. If a conviction is too old to count for criminal history points then it would count for at most an eight offense level bump. See page 87 of the document linked above.
3. The emergency crack amendments are also re-issued as regular guideline changes with some tweaks.
NK
There are at least two notable defense friendly amendments:
1. Elimination of supervised release for many deportable aliens, except in cases of mandatory supervised release terms such as in drug cases. See page 79 of the document linked above.
2. Offense level relief on old illegal reentry enhancement predicates. If a conviction is too old to count for criminal history points then it would count for at most an eight offense level bump. See page 87 of the document linked above.
3. The emergency crack amendments are also re-issued as regular guideline changes with some tweaks.
NK
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