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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116716
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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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.

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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.
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