Is the Fair Sentencing Act of 2009, currently being followed in federally courts as of right now?

As you probably know, pursuant to federal law, there are certain mandatory minimum sentences which apply to crack and powder cocaine. The threshholds for crack cocaine are 5 grams and 50 grams. For powder its 500 grams and 5 kilos. Its my understanding that the Fair Sentencing Act would result in a equalizing the mandatory minimum for crack cocaine, so that it would be comparable to powder cocaine. . My understanding is the bill would eliminate any difference in sentencing guidelines as well, but I am not certain.

While mandatory minimums are generally mandatory (with the exception of safety valve or cooperation), the sentencing guidelines are considered advisory.

There is a senate bill and a house bill and there are some differences.

Families Against Mandatory Minimums might be the best source of information. Link below.

It is my experience that the guidelines are advisory, but are followed in most cases by courts.

Edward J. Blum

I would agree that sentencing guidelines are SUGGESTIVE, not mandatory