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On December 11, 2007, the U.S. Sentencing Commission voted in an amendment retroactively reducing the sentences of crack cocaine offenders effective March 3, 2008, and estimated the average eligible inmate would receive 27 months off their sentence. Additionally inmates sentenced before the U.S. Supreme Court's decision in U.S. vs. Booker on January 12, 2005, are eligible to request a further sentence reduction based on factors sentencing Judges were unable to consider before the Booker ruling. This decision came a day after a U.S. Supreme Court ruling that a federal judge properly considered the disparity in sentencing a crack defendant to a term below the guidelines. The USSC, an independent agency within the federal Judiciary, amended the Guidelines to lower the base offense level for crack cocaine by two levels. For example, the penalty for a first-time offender found with 10 grams of crack would be reduced by two levels, from a range of 63—78 months in prison to a range of 51—63 months. It initially estimated that 19,500 prison inmates might be affected, but its estimate has increased to nearly 21,000 to account for offenders sentenced after July 31, 2007, when the initial analysis was conducted. |
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