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.
HERE IS A SAMPLE LETTER:
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)