Call to Action
On August 7, 2015, the United States Sentencing Commission introduced a proposed amendment, “crime of violence” to include non-contact CP offenders. The Commission is currently reviewing criminal research data and federal sentencing statistics. The proposed amendment would then be promulgated to amend Section 4B1.2(a)(2) of the sentencing guidelines, which would be submitted to Congress NO later than May 1, 2016.
WE MUST STOP THIS!!!
This would have the most detrimental effects on CP offenders, including exclusion from programming credits earned in prison, stiffer Supervised Release conditions and placement as a Tier 3 Violent Offender on the Registry. This proposal would be retroactive if it becomes law, regardless if you are incarcerated or on release.
The Sentencing Commission is accepting public comment on this issue until November 12, 2015. Our friends at Caution Click have launched a letter writing campaign to challenge this proposed amendment. WE ALL need to get involved on this and send in those letters. You can write your own, or use the formatted letter included from Caution Click, but send them snail mail as well as email to the address provided. As an insider, I have set a goal for us to get in a minimum of 100,000 letters. I won’t back down and neither should you.
–>> SAMPLE LETTER BELOW
United States Sentencing Commission
One Columbus Circle, NE, Suite 2-500
Washington, DC 20002-8002
Attention Public Affairs
RE: Proposed Amendment to Section 4B1.2, Sentencing Guidelines
Dear Commission Members,
This letter is in response to the Commission’s request for public comment. It is my personal belief that possession of child pornography should be excluded from the definition of a “forcible sex offense”. Non-production possession, receipt, transportation or distribution of child pornography does not meet the criteria of being a sexual act or of having sexual contact. Therefore, it should be excluded as a violent Sexual Offense.
Using the classification of violent offender is placing the otherwise non-violent offender under the same label as someone who has had actual, physical contact with a child. This distorts the truth and is very misleading.
We are all very passionate about protecting our children, however, we have taken this passion to an unforgivable level of applying a definition to an offender that does not relate to the actual crime he/she committed, and using this term to perpetuate a life time punishment. Therefore, I would like this letter to be entered as public comment to item 4(D) in the “Issues for Comment” section of the United States Sentencing Commission proposal to Section 4B1.2(a)(2) of the Sentencing Guidelines. Thank you.
Sincerely (your name)
address
phone
Discover more from Florida Action Committee
Subscribe to get the latest posts sent to your email.
I’m with Jerry on this one, I read everything I could and did not see anything on possession of CP being upgraded to violent. This seems quite the opposite of what the USSC is contemplating about lowering the guidelines to more accurately reflect current technology. I’ve also not seen this on any other website that I visit daily, so I’m not sure.
Oh no, it’s there alright. Go to page 8.
http://www.ussc.gov/sites/default/files/pdf/amendment-process/reader-friendly-amendments/20150807-RFP-Amendments.pdf
We need to fight against this in the worst way. Email this to anyone and everyone you know.
Ok but I see that commentary for changes under section Corresponding Revisions to §2L1.2 – Unlawfully Entering or Remaining in the United States. It looks like it affects those situations, not a whole new category for a violent felony. lol I need to be a lawyer to understand half that stuff.
I think people are over-reacting on something that’s already in the books. The PDF is here,
http://www.ussc.gov/sites/default/files/pdf/amendment-process/federal-register-notices/20150811_FR_Proposed.pdf
and people are freaking out about the info on page 8. However, it’s under section Corresponding Revisions to §2L1.2 – Unlawfully Entering or Remaining in the United States. The info on the CP Posession is ALREADY in the books, as shown on the USSC web site:
http://www.ussc.gov/guidelines-manual/2011/2011-2l12
I do not think this is a new thing, and people seeing it now may be over-reacting. I hope.
Florida of sorts already concludes possession charges as Exploitation and Abuse of Child which in many cases ups the Felony convictions as well as puts in the person in the catagory of violent Offender. Although a terribly serious Offense, its not a Violent crime unless it involves another live human being. Producing CP from abuse of a victim however is a violent offense.Most cp charges today are coming from stings where downloaded images are actually police investidation evidence files. How can you consider this crime violent?
How could this be retroactive? I thought AWA was the only law that suspends the constitution. Please provide reference for this. I found this:http://www.ussc.gov/sites/default/files/pdf/amendment-process/federal-register-notices/20150811_FR_Proposed.pdf but it makes no mention of CP, if I am reading it correctly.
Of course Florida, in violation of its own constitutional prohibition of ex post facto (Section 10), routinely does it every time a new wave of sex offender laws are passed and made retroactive.