For nearly 25 years Federal crack cocaine offenses have been treated much more harshly than powder cocaine offenses. The consensus amongst advocates is that the sentencing laws enacted in 1986 resulted in a sentencing disparity of 100-1. This means that an offender sentenced for 1 gram of crack cocaine received the same sentence as an offender sentenced for 100 grams of powder cocaine. In 2010 Congress moved to ease this disparity by passing the Fair Sentencing Act (Public Law 111-220). On June 30, 2011, the United States Sentencing Commission voted to amend the crack sentencing guidelines to reflect the changes enacted by Congress and the changes will be retroactive.

The new sentencing guideline lowers the ratio, of crack to powder related sentences, to 18-1. The new guidelines do not remove mandatory minimum sentences. The new guidelines demand a mandatory minimum sentence of 5 years for 28 grams of crack, compared to the old guideline that carried the same sentence for 5 grams, and 10 years for 280 grams up from 50 grams. While this move is in the right direction towards fair sentencing, there still exists a disparity. Despite the deliberate speed Congress has shown towards establishing equal sentencing for the same drug, the Fair Sentencing Act and the corresponding changes in the federal sentencing guidelines, offers a chance for relief for over 12,000 federal inmates currently incarcerated under the old crack guidelines.

On November 1, 2011 the new guidelines will go into effect, unless vetoed by Congress before that date. Beginning on November 1, 2011, federal inmates around the country will be eligible to have their sentences reviewed by their sentencing court for consideration of a sentence reduction. It is important to note that reductions will not be automatic. Inmates or their attorneys will have to petition the court for review.

The statutory vehicle for reducing sentences based on retroactive amendments is 18 U.S.C.