FAQ CATEGORY - FEDERAL SENTENCING FAQS - CRACK COCAINE AMENDMENT
What are the Crack Cocaine Amendments?

On November 1, 2007, the U.S. Sentencing Commission adopted a proposed amendment to reduce sentencing ranges for crack cocaine offenses by two levels. It is believed this amendment will affect 70% of crack cocaine cases in federal courts in the United States.

Who is eligible for a reduction of their federal sentence?

If you were convicted of a federal crime under the crack cocaine guidelines, you could be eligible for a reduction of your federal sentence.  This does not apply to individuals who were convicted of a state offense and are currently in a California State Prison.

How do I get the Court to reduce my sentence?

You need to file a Motion with the Sentencing Court to have your sentence reduced. The Motion to reduce the sentence will be filed under 18 USC Section 3582 (c) (2).  The Motion for sentence reduction must be filed in the district court in which you were convicted. The Federal Public Defender for the Central District can only file motions for crack cocaine convictions from the Central District of California  which includes Los Angeles, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara and Ventura counties.

What if I cannot afford an attorney to help me reduce my crack cocaine sentence?

The Deputy Federal Public Defender who represented you at your original proceeding will be assigned to represent you in court on a motion to reduce your sentence.  If that public defender no longer works at the Federal Public Defender’s Office, we will assign another public defender to assist with your case.  If you were represented by a private attorney appointed by the court who is still a member of the indigent defense panel, her or she will be re-appointed by the court to assist with your reduction motion.  If you were originally paid an attorney to represent you, but now you cannot afford an attorney, you can fill out a financial affidavit with the sentencing judge and request an appointed attorney to assist you with your motion to reduce your sentence. Financial Affidavit.

Is anybody who was convicted of a crack cocaine offense entitled to a reduced sentence?

No. There are many factors for the judge to consider in determining if an individuals sentence is reduced.  Some of these factors include the original sentence length,  the amount of crack cocaine involved and a defendant's prior criminal record.  The reduction of an individual's sentence is solely within the discretion of the sentencing judge.

Who can I call at the Federal Public Defender's Office to get assistance with my crack cocaine reduction motion?

You should call Chief Paralegal Mark Neer at 213-894-5060 for any questions related to sentence reduction motions for crack cocaine convictions in the Central District of California.