How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110473
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Type Your Criminal Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

American law question

Customer Question

Good day, I'd like to know if there is any possibility for a friend of mine to get a sentence reduction under the new crack cocaine law that has been made retroactive. He's been serving 17 of a total of 27 years but due to offenses committed during his teenage years, he has been deemed to be a career offender. Do you see any possibilities for him? Thank you for your help. Sincerely, XXXXX XXXXX Netherlands


Please would you change category from European Law to American Law as this pertains to an American friend in a Florida Federal Prison!

Submitted: 5 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 5 years ago.
If you are referring to the Fair Sentencing Act then this has not been made retroactive so those sentenced before 2010 still do not come under the new sentencing law. His only recourse is to apply for executive clemency through the Office of the Pardon Attorney in the US attorney's office.

I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at or beginning your question with “For PaulMJD…”

Customer: replied 5 years ago.

I was actually referring to the crack cocaine law that HAS been made retroactive but which MAY not be retroactive for career offenders. I would like to know if there is more news about that. Would it make sense for those deemed to be career offenders to apply for re-sentencing or not?


It seems my friend is deemed a career offender for things he's done when he was in his teenage years for which he has already been punished, and we're wondering if he is really being punished again by being called a career offender even though he's been in prison for 17 years now, without any offenses.

Expert:  Law Educator, Esq. replied 5 years ago.
The FSA is the crack cocaine law and on July 1, 2011, the Federal Sentencing Commission did agree to make the law retroactive for only those who do not have prior convictions. If your friend has prior convictions from when he was a juvenile he can move the court to exclude those to the court but that is the court's discretion to determine based on the actual severity of the prior charges.
Law Educator, Esq. and other Criminal Law Specialists are ready to help you