Court Adopts Procedures re: U.S. Sentencing Commission's Authorization of Retroactive Sentence Reduction for Certain Drug-Related Offenses

On July 18, 2014, the United States Sentencing Commission (“USSC”) promulgated an amendment to Policy Statement 1B1.10 authorizing retroactive changes to the guidelines applicable to sentences imposed for certain drug-related convictions.

Absent contrary Congressional action, the amendment will go into effect on November 1,2014. There are a number of defendants sentenced in the Northern District of California who, due to this amendment, may be eligible under 18 U.S.C. § 3582(c)(2)to seek reductions in their sentences. To expedite appointment of counsel and disclosure of information relevant to sentencing, to facilitate timely and accurate implementation of this amendment in this district, and to conserve judicial resources,the Court has adopted procedures that shall apply to any defendant who contends that, pursuant to the July 18, 2014 amendment to USSG § 1B1.10, he or she is eligible for a change in sentence.

The procedures are set forth in Miscellaneous Order 10.14.2014. View or download the Order.