Resulting from yesterday’s testimony of many concerned agency heads before the U.S. Sentencing Commission is that retroactive application of FSA 2010 now appears certain, particularly in view of the testimony of U.S. Attorney General Eric Holder and that of the federal judiciary. The upcoming vote will occur on an as-of-yet unspecified date sometime in the next several months.
The federal courts will doubtless become inundated with resentencing applications as soon as FSA 2010 becomes officially retroactive. Necessary to a resentencing application is review of the PSI. Obtaining the PSI is oftentimes a rather time-consuming process. Therefore encouraged is that those members here with loved ones serving time for crack cocaine, who were sentenced prior to enactment of the FSA and who will become immediately eligible for release upon resentencing, promptly contact competent post-conviction counsel in order to ensure that the resentencing motion is completed and ready for electronic filing on the day of the vote authorizing retroactive application.
Finally, the testimony before yesterday’s Sentencing Commission hearing can be viewed at Public Hearing Agenda - June 1, 2011