As you know, the Sentencing Commission is expected to approve a guidelines amendment that lowers offense levels in drug cases by two levels. The vote could be as early as April, but the effective date might not be until November 1st. So what to do for defendants with upcoming sentencings?
Today, the Attorney General will reportedly announce that he will "instruct his prosecutors in a memo Thursday not to press judges to impose the longer sentences in the current guidelines if attorneys for drug offenders seek shorter sentences for their clients that would be permissible under the new policy." If judges are amenable to DOJ's position, this means that our clients may receive the benefit of the oncoming amendment immediately.
Now, c'mon Smarter Sentencing Act.