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In the Case of Fair Sentencing Act Retroactivity, USSC Report Lends Resounding Endorsement

Retroactive application of the Fair Sentencing Act (FSA) which became law in 2010 and reduced the sentencing disparity for crack and powder cocaine from 100-to-1 to 18-to-1 has been a hotly contested issue in the criminal justice space. The primary concern from those opposed to retroactivity, including Attorney General Jeff Sessions, is that allowing offenders to petition the court for a review and reduction in their sentence could result in violent criminals being released to the streets, putting public safety at risk.