Archive | fair sentencing act

Friday, June 21st, 2019

Favorable decision in a First Step Act case, concerning the defendant’s eligibility for relief and the nature of the proceeding under the Act: United States v. Rose, No. 03-CR-1501, _F.3d_, 2019 WL 2314479 (S.D.N.Y. May 24, 2019)

Section 404 of the First Step Act of 2018,  Pub. L. No. 115-391, 132 Stat. 5194 (2018),  empowers district courts to “impose a reduced sentence” on people who were convicted of certain cocaine base (crack cocaine) offenses before August 3, 2010, when the Fair Sentencing Act of 2010 was enacted. It makes retroactive — to defendants sentenced before August 3, 2010 — the provisions of the Fair Sentencing Act that raised from 50 to 280 grams, the quantity of crack cocaine necessary to trigger the enhanced penalties of § 841(b)(1)(A); and raised from 5 grams to 28 grams the quantity of crack cocaine necessary to trigger the enhanced penalties of § 841(b)(1)(B).

The two movants in  United States v. Rose, No 03-CR-1501,  __F.3d__,   2019 WL 2314479 (S.D.N.Y. May 24, 2019) (VEC), had been convicted at a trial, in 2005, of conspiracy to distribute 50 grams or more of crack …

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Categories: fair sentencing act, First Step Act of 2018

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Saturday, February 19th, 2011

PC World

United States v. Acoff, No. 10-285-cr (2d Cir. February 10, 2011, amended February 11, 2011) (Calabresi, Lynch, CJJ, Murtha, DJ)

In this case, the defendant was convicted of a crack cocaine offense that, under the old law, carried a five-year mandatory minimum. But the district court refused to impose it. He gave the defendant fifteen months, holding that the 100-to-1 penalty ratio between crack cocaine and powder “does not make any sense at all.”

The court held that the below-minimum sentence was illegal and vacated it. It also, as it has in a few other recent opinions, rejected the argument that the 2010 Fair Sentencing Act, under which the sentence would have been lawful, applied retroactively.

Of particular note in this decision, however, are the concurring opinions.

Judge Calabresi, in his, suggested a means for courts to address statutory schemes – such as the old crack cocaine penalties – that, …

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Categories: crack, fair sentencing act, Uncategorized

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