Jan, 2014 by craig coscarelliin a vote that may not be historic but is still very important and a sign of the times, the us sentencing commission earlier yesterday voted to publish proposed amendments to the federal sentencing guidelines which include an acrosstheboard reduction in the sentences recommended for all drug offenses. The intent of the attached document is to provide a comprehensive sidebyside comparison of the rcra corrective action and the cercla remedial action processes. If the commission decides its amendment should be retroactive, then the. Injunctive and declaratory relief for states under cercla. Sentencing commission has repeatedly advised congress since 1995 that there is no rational, scientific basis for the 100to1 ratio between crack and powder cocaine sentences.
Illinois governors criminal justice and sentencing commission. By craig coscarelliin a vote that may not be historic but is still very important and a sign of the times, the us sentencing commission earlier yesterday voted to publish proposed amendments to the federal sentencing guidelines which include an acrosstheboard reduction in the sentences recommended for all drug offenses. The sky didnt fall when the ussc extended justice to all. Cercla created a tax on the chemical and petroleum industries and required that the money collected be used to clean up hazardous waste sites throughout the country. The united states sentencing commission can recommend. Krent this article argues that the strong presumption against retroactive application of reduced punishments articulated in the supreme courts recent decision, dorsey v.
Amendment to the sentencing guidelines for crack cocaine offenses. The commission establishes sentencing policies and practices for the federal courts. Apr 05, 2011 given the absence of any direct statement or necessary implication to the contrary, we reaffirm our finding that the fsa does not apply retroactively, and further find that the relevant date for a determination of retroactivity is the date of the underlying criminal conduct, not the date of sentencing. Us sentencing commissions decision on retroactivity of the crack.
Reconsidering cercla retroactivity after landgraf v. Human rights watch comments on us sentencing commission consideration of retroactivity of proposed amendments to the drug quantity table in the us federal. Mcginnist congress hurriedly enacted the comprehensive environmental response, compensation and liability act cercla71 in the closing days of a lameduck congress and in the wake of the love canal and valley of the drums scandals. Ussc estimates 46,000 offenders may benefit from retroactive application, and the average sentence reduction would be approximately 18 percent 25 months. But when peugh was sentenced in may 2010, the range had been toughened to 70 to 87 months. Human rights watch comments to the us sentencing commission on. Environmental protection agency epa is designed to investigate and clean up sites contaminated with hazardous substances.
Sentencing commission promulgated less onerous sentencing guidelines for crack offenses. Sentencing commission has unanimously voted to make adjustments to the. Comparison of the rcra corrective action and cercla remedial action processes, prepared by the office of environmental guidance, rcracercla division eh231. The agency reserves the right to act at variance with these policies and procedures and to. Panel makes crack term guidelines retroactive reuters. This reduced reporting is also applicable to releases of ehss under epcra section 304. The federal superfund program, administered by the u. For this reason, any person who has been convicted of a crack cocaine. In the case of fair sentencing act retroactivity, ussc. Analysis of the impact of the crack cocaine amendment if made retroactive. Jul 18, 2014 sentencing commission grants full retroactivity will allow 46,290 people to petition for reduced sentences media contactmike riggs, famm communications directoro. This category includes epa penalty policies under which epa can seek various types of penalties and damages for noncompliance with an administrative agreement or order, or judicial consent decree. Sentencing commission says more than 26,000 federal drug offenders have received shorter prison termsbecause of sentencing guideline changes put in place two years ago.
Comment on 2014 drug guidelines amendment retroactivity. A leading case on trustee liability under cercla is 21 elr 4 united states v. Todays vote could shorten sentences for tens of thousands of people who are already incarcerated and. The united states federal superfund law is officially known as the comprehensive environmental response, compensation, and liability act of 1980 cercla. On behalf of the sentencing project, i am writing in response to the commissions request for comments on whether the 2014 drug guidelines amendment, which would lower by two levels the base offense levels in the drug quantity table across drug types in guideline 2d1.
The sentencing commission s report on cocaine sentencing is valuable for drug policy analysts because of the data it provides on sentencing outcomes for a range of drug offenses. Planning a respons published by tu law digital commons, 1991. In april 2014, the united states sentencing commission reduced drug trafficking severity levels by two levels. In july 2014, the united states sentencing commission made the april 2014 guidelines reductions retroactive. In 2002, the bush administration decided to shift this tax burden from industry to the taxpayers. The united states, however, sought to recover the cleanup costs it had expended from crowley, 14 who was both the trustee and the beneficiary of the trust.
Sentencing commission makes crack cocaine sentencing reductions retroactive posted on july 1, 2011 august 5, 2014 by marcia shein in a major win for criminal defendants nationwide who have been sentenced for federal drug offenses involving crack cocaine, the u. Sentencing commission, marc mauer argued that the federal sentencing guidelines for crack cocaine should be applied retroactively for individuals currently in prison. As part of its ongoing mission, the united states sentencing commission provides congress, the judiciary, the executive branch, and the general public with data extracted and. Given these concerns, this article provides alternatives to cerclas continued retroactive application. Plan, originally prepared under the federal water pollution control act, 33 u. Yelin introduction the comprehensive environmental response, compensation and liability act cercla1 is noted for its strict, joint. Retroactivity and crack sentencing reform harold j. Fair sentencing act american civil liberties union. While statutory mandatory minimums remain in place, this is still a promising turn of events for advocates of saner sentencing policies.
As a result, the fund, which once had a balance of six billion us dollars, was depleted by 2004, slowing the cleanup at the remaining superfund sites, and leaving taxpayers to foot the bill for subsequent cleanups. International criminal organizations are getting evermore powerful from the money generated by the criminal drug trade. To assist you with reporting continuous releases, epa has. Given the absence of any direct statement or necessary implication to the contrary, we reaffirm our finding that the fsa does not apply retroactively, and further find that the relevant date for a determination of retroactivity is the date of. Sentencing commission that lowers federal guidelines for sentencing persons convicted of drug trafficking offenses. Appendix a presumptive remedy guidance for cercla municipal landfill sites fs west lake landfill oui revised 6604. When congress originally enacted cercla in 1980, it gave the state and federal governments a strong arsenal of tools to respond to actual or threatened releases of hazardous substances. The united states sentencing commission can recommend sentencing retroactivity in 2007 the united states sentencing commission recommended retroactivity after they made changes in cocaine sentencing. The commissions order is still subject to interpretation by the courts, which will decide if prisoners. March 2018 this publication analyzes recidivism among crack cocaine. Aug 07, 2014 further, the sentencing commissions retroactivity decision will not be an automatic process, just as sentence reductions for crack cocaine offenses were not automatic under the fair sentencing act of 2010. The commissions report analyzed recidivism rates of. The commission has also identified the resulting disparity as the single most important factor in longer sentences for blacks compared to other racial groups.
Sentencing commission voted to retroactively apply an amendment approved earlier this year by the u. Injunctive and declaratory relief for states under cercla adam babich and kent e. A comparison of the rcra corrective action and the cercla. Cercla and epcra continuous release reporting us epa. Sentencing commission voted to retroactively apply the new penalty scheme for crack offenses it developed in response to a reform bill that congress approved at the end of last year. Sentencing commission is an independent agency in the judicial branch that was created as part of the sentencing reform act of 1984. Summary of the comprehensive environmental response. Superfund cleanup subject listing enforcement us epa. Crackcocaine offenders sentences reduced under new. Comment on 2014 drug guidelines amendment retroactivity the. Sentencing commission, cocaine and federal sentencing policy, feb. Federal government liable for cercla damages on public lands. Definition of release how is the term release defined.
Broad structures and issues to consider presentation by david e. That was predicted to lower the sentences of about 19,000 people. Cercla, on the other hand, comes into play when mismanagement occurs or has occurred i. Sentencing commission submitted to congress several amendments to the federal sentencing guidelines, one of which. United states, is neither historically grounded nor constitutionally compelled. The guidelines in place at the time of his crimes called for a sentencing range of 30 to 37 months. The vote adds retroactivity to a change made in april to the u. If the courts were to grant the full reduction possible in each. Part of the courts commons, criminal law commons, legislation commons, and the supreme court of the united states commons recommended citation.
Sentencing commission approves retroactivity for drug. As part of its ongoing mission, the united states sentencing commission provides congress, the judiciary, the executive branch, and the general public with data extracted and analyzed from sentencing documents submitted by courts to the commission. Under the retroactive bill for the cocaine crack laws will offenders be able to file a motion for a sentence reduction. Crackcocaine offenders sentences reduced under new federal rules. Natural resource damages nrd litigation under cercla prepared for bar association of erie county environmental law update 2009 may 8, 2009 r. Most disturbingly, because the majority of people arrested for crack offenses are. As part of its ongoing mission, the united states sentencing commission provides congress, the judiciary, the executive branch, and the general public with data extracted from and based on sentencing documents submitted by courts to the commission. This official press release effectively summarizes and contextualizes. This week, the united states sentencing commission put out a report, recidivism among federal offenders receiving retroactive sentence reductions, that confirms the arguments of those in favor of retroactive application of the fair sentencing act. Sentencing commission grants full retroactivity will allow 46,290 people to petition for reduced sentences media contactmike riggs, famm communications directoro. The fair sentencing act changed a regime that essentially treated one gram of crack cocaine as the equivalent of 100 grams of powder cocaine. Sentencing commission approves retroactivity for drug offense sentence reductions. Date for determination of retroactivity is the date of the. Application ofthe cercla municipal landfill presumptive remedy to militarv landfills december 1996 pdf.
Apr 17, 2012 the fair sentencing act changed a regime that essentially treated one gram of crack cocaine as the equivalent of 100 grams of powder cocaine. The primary concern from those opposed to retroactivity, including attorney general jeff sessions, is that. Retroactive changes in crack cocaine sentencing laws mean. Sentencing commission preliminary crack cocaine retroactivity report. Its always hard for the federal government to admit its mistakes, especially when they have ruined tens of thousands of lives, devastated innercity neighborhoods and cost taxpayers billions of dollars. Sentencing commission considers shortening terms for imprisoned crack offenders should the reduction of the disparity between crack and powder cocaine sentencing be retroactive. March 2020 these reports present data on federal cases in which a motion for a. In the case of fair sentencing act retroactivity, ussc report. Changes lead to shorter sentences for 26,000 drug defendants. Sentencing commission grants full retroactivity for. The comprehensive environmental response, compensation, and liability act cercla is the law that was passed by congress on december 11, 1980 to form what is commonly known as superfund. Cercla in light of these recent supreme court decisions. Like the initial change, this was intended to address federal prison. Long criticized as racist in application, congress voted last year under the fair sentencing act to change sentencing guidelines which called for stiffer sentencing on crack cocaine offenses than powder cocaine crimes.
Reconsidering cercla retroactivity after landgraf v usi film products nicole m. Sentencing commission preliminary crack cocaine retroactivity data report. Sentencing commission said the retroactivity will take effect on march 3, 2008, but not every prisoner currently serving time for crack cocaine offenses will be eligible for a lower. Krent iit chicagokent college of law follow this and additional works at. Sentencing commission voted friday to make a sweeping change to drug sentences retroactive. Commissioners are nominated by the president and confirmed by the senate.
Recidivism among federal offenders receiving retroactive sentence reductions. This article concludes that cerclas retroactivity is not only intuitively unfair, but is also unconstitutional. After change, range contains mandatory minimum penalty. Divided court says sentencing guidelines must be those in effect at the time of crime. Today in an historic vote, the commission agreed to allow prisoners serving crack cocaine sentences to seek sentence reductions that went into effect on november 1. Cercla is at bare minimum, the legal title holder and does not need to engage in the operations or oversight of the facility or the release of the hazardous substance at issue to be held liable. Supreme court bars retroactive application of sentencing guidelines. Human rights watch comments on us sentencing commission.
It reduced that ratio to about 1 to 18 and thus raised. The continuous release reporting regulation provides a reduced reporting option for facilities that release hazardous substances in a manner that is continuous, and stable in quantity and rate. Sentencing commission releases longawaited report on. Sentencing commission makes crack sentence changes.
Sentencing commission makes crack cocaine sentencing. Oct 25, 2011 under the retroactive bill for the cocaine crack laws will offenders be able to file a motion for a sentence reduction. The united states sentencing commission cast a historic vote today to allow 46,290 federal drug prisoners to petition for sentence. New york retroactive application of the fair sentencing act.
A critical appraisal of cerclas retroactive liability scheme in light of landgraf v. Supreme court bars retroactive application of sentencing. Retroactive application of the fair sentencing act fsa which became law in 2010 and reduced the sentencing disparity for crack and powder cocaine from 100to1 to 18to1 has been a hotly contested issue in the criminal justice space. Cercla liability is strict, joint and several, and retroac. And what is the name of the motion and what is the name of the motion submitted. Retroactive changes to federal crack cocaine sentencing laws should mean early release for approximately 12,000 federal prisoners. Supreme court weighs whether law reducing crack cocaine. United states environmental protection agency office of solidwesle and emergency response. Human rights watch comments to the us sentencing commission. Retroactivity will affect 19,500 federal prisoners, almost 2,520 of whom could be. The holder of an unpatented claim has superior rights as against third parties but not as against the united states, which retains paramount title. Under the retroactive bill for the cocaine crack laws will. The united states sentencing commission cast a historic vote today to allow 46,290 federal drug prisoners to petition for sentence reductions. Sentencing commission released a muchanticipated report on the disparity in sentences for crack and powder cocaine offenses u.
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