Comments on: Call to Action

By: Chris

Chris — Fri, 30 Oct 2015 09:31:56 +0000

In reply to Paul.

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.

By: Chris

Chris — Fri, 30 Oct 2015 02:46:31 +0000

In reply to Paul. 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.

By: Paul

Paul — Thu, 29 Oct 2015 22:22:44 +0000

In reply to Chris.

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.

By: Chris

Chris — Thu, 22 Oct 2015 12:54:50 +0000

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.

By: Jerry

Jerry — Thu, 22 Oct 2015 00:39:29 +0000

In reply to JV.

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.

By: JV

JV — Wed, 21 Oct 2015 11:33:56 +0000

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?