Today, Attorney General Merrick Garland issued two new charging policies:
- Additional Department Policies Regarding Charging, Pleas, and Sentencing in Drug Cases (12/16/22)
- General Department Policies Regarding Charging, Pleas, and Sentencing (12/16/22)
As noted in an article by the Washington Post, these memos represent the Justice Department's "move to end sentencing dispairties on crack, powder cocaine," and "reverse decades of policy that critics say disproportionally targeted Black communities by treating crack users more punitively." Specifically, the AG's memo to US Atttorneys directs prosecutors to charge “pertinent statutory quantities that apply to powder cocaine” when pursuing crack cases and to “advocate for a sentence consistent with powder cocaine rather than crack cocaine.”
Notably, the General Department memo describes "Application to Pending Cases":
The policies contained in this memorandum and the accompanying memorandum regarding drug cases apply to all prosecutions initiated no later than 30 days after the issuance of these memoranda.
In cases in which charges have already been brought prior to the effective date ofthese memoranda, but in which a final judgment after sentencing has not been imposed by the district court, future decisions in such cases should be informed by the policies contained in these memoranda. Prosecutors are encouraged in such situations to take steps to render the charging document, any plea agreement, and the sentence consistent with these policies -- to the extent possible and as the prosecutors in their discretion deem appropriate in light ofthe federal interests involved. In addition, if a defendant has already been convicted at trial or by plea following the filing of a notice seeking a statutory sentencing enhancement that is inconsistent with these policies, prosecutors should withdraw the notice before sentencing.
These policies do not apply to matters in which a final judgment after sentencing has been imposed by the district court.
(footnote omitted).
Look out for a detailed summary and analysis from our Sentencing Resource Counsel.