United States Sentencing Commission: “The Commission hereby gives notice of amendments to a policy statement and commentary made pursuant to its authority under 28 U.S.C. § 994(a) and (u). (This notice will be published in a forthcoming edition of the Federal Register.) On December 11, 2007, the Commission promulgated an amendment to policy statement §1B1.10 [Reduction in Term of Imprisonment as a Result of Amended Guideline Range (Policy Statement)] clarifying when, and to what extent, a sentencing reduction is considered consistent with the policy statement and therefore authorized under 18 U.S.C. § 3582(c)(2).
On December 11, 2007, the Commission also promulgated an amendment to policy statement §1B1.10 that designates Amendment 706, as amended by Amendment 711, (pertaining to to crack cocaine offenses) for inclusion in subsection (c) as an amendment that may be applied retroactively.
The reader-friendly text of the two amendments to policy statement §1B1.10 in this Federal Register Notice of Final Action is posted on the Commission’s website at http://www.ussc.gov/2007guid/030308rf.pdf.
The amendments in this Federal Register Notice of Final Action do not take effect until March 3, 2008. Until that date, the court should apply § 1B1.10 as it exists in the Guidelines Manual effective November 1, 2007.”