Defenders and probation back retroactivity for drug‑death base‑level change; DOJ and victims group oppose reopening sentences

The commission considered whether to make retroactive a clarification to USSG §2D1.1 that narrows when enhanced base offense levels apply for drug offenses linked to death or serious bodily injury.

The Department of Justice argued strongly against retroactivity. Paige Messick said that many of the 538 cases the commission identified as potentially affected would include stipulations or records demonstrating the high culpability and that nearly 60 percent of identified cases were sentenced below the guideline range. Messick warned that reopening those sentences would “put victims through the trauma of proceedings that they thought for good reason were closed,” and…