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U.S. v. Abney, No. 14-3074 (D.C. Cir.) (812 F.3d 1079) (February 5, 2016) (Judge Judith W. Rogers)

Article • May 9, 2016 • from P&J May, 2016

Filed under: Punch And Jurists, Failure to Postpone Sentencing

U.S. v. Abney, No. 14-3074 (D.C. Cir.) (812 F.3d 1079) (February 5, 2016) (Judge Judith W. Rogers) by This is an interesting decision from the D.C. Circuit in which a divided panel held that the Defendant had been denied effective assistance of counsel when his then-counsel failed to seek a …

U.S. v. Blewett, No. 12-5226 (6th Cir.) (746 F.3d 647) (December 3, 2013) (Judge Jeffrey S. Sutton)

Article • December 23, 2013 • from P&J December, 2013

Filed under: Punch And Jurists, Equal Protection

U.S. v. Blewett, No. 12-5226 (6th Cir.) (746 F.3d 647) (December 3, 2013) (Judge Jeffrey S. Sutton) by In the 05/27/13 issue of P&J, we noted that the Sixth Circuit had rekindled the debate over some of the many inadequacies and failures of the Fair Sentencing Act of 2010 ((“FSA”), …

U.S. v. Johnson, No. 12-3811 (6th Cir.) (2013 U.S. App. LEXIS 17266) (August 20, 2013) (Judge Damon J. Keith)

Article • September 9, 2013 • from P&J September, 2013

Filed under: Punch And Jurists, Fair Sentencing Act of 2010

U.S. v. Johnson, No. 12-3811 (6th Cir.) (2013 U.S. App. LEXIS 17266) (August 20, 2013) (Judge Damon J. Keith) by [Editor's Note: As a matter of interest, this amended opinion was originally published as U.S. v. Johnson, No. 12-3811 (6th Cir. Aug. 20, 2013); and it was reported on Lexis …

U.S. v. Doe, No. XX-XXXX (6th Cir.) (731 F.3d 518) (August 27, 2013) (Judge Damon J. Keith)

Article • September 9, 2013 • from P&J September, 2013

Filed under: Punch And Jurists, Fair Sentencing Act of 2010

U.S. v. Doe, No. XX-XXXX (6th Cir.) (731 F.3d 518) (August 27, 2013) (Judge Damon J. Keith) by The Sixth Circuit continues to struggle to find ways to remedy the inequities created by the enactment of the Fair Sentencing Act of 2010 (“FSA”), which was passed “to restore fairness to …

Davis v. U.S. Sentencing Com'n, No. 11-5264 (D.C. Cir.) (716 F.3d 660) (May 28, 2013) (Judge Thomas Beall Griffith)

Article • June 10, 2013 • from P&J June, 2013

Filed under: Punch And Jurists, Equal Protection

Davis v. U.S. Sentencing Com'n, No. 11-5264 (D.C. Cir.) (716 F.3d 660) (May 28, 2013) (Judge Thomas Beall Griffith) by For decades, the Federal Government’s approach to sentencing defendants convicted of crack cocaine offenses was nothing short of an unmitigated disaster. It created out of whole cloth a 100:1 sentencing …

U.S. v. Blewett, No. 12-5226 (6th Cir.) (719 F.3d 482) (May 17, 2013) (Judge Gilbert S. Merritt)

Article • May 27, 2013 • from P&J May, 2013

Filed under: Punch And Jurists, Equal Protection

U.S. v. Blewett, No. 12-5226 (6th Cir.) (719 F.3d 482) (May 17, 2013) (Judge Gilbert S. Merritt) by In August 2010, Congress enacted The Fair Sentencing Act (“FSA”); and, from the outset, that law was not deemed to be one of Congress’ stellar accomplishments. For example, although Congress boldly proclaimed …

U.S. v. Savini, No. 11-4359 (2nd Cir.) (716 F.3d 56) (May 7, 2013) (Judge Jane R. Roth)

Article • May 13, 2013 • from P&J May, 2013

Filed under: Punch And Jurists, Pre-Effective Date Crimes

U.S. v. Savini, No. 11-4359 (2nd Cir.) (716 F.3d 56) (May 7, 2013) (Judge Jane R. Roth) by The issued addressed in this decision was whether a defendant, who was previously convicted of a crack cocaine offense and who received a downward departure based on rendering substantial assistance to the …

U.S. v. Harrison, No. 11-1240-cr (2nd Cir.) (699 F.3d 158) (November 6, 2012) (Per Curiam)

Article • December 1, 2012

Filed under: Punch And Jurists, Post Dorsey

U.S. v. Harrison, No. 11-1240-cr (2nd Cir.) (699 F.3d 158) (November 6, 2012) (Per Curiam) by In appeal from drug conviction entered pursuant to plea agreement whereby defendant agreed not to appeal provided sentence imposed was the mandatory minimum sentence of 120 months, judgment is affirmed, where: 1) defendant's waiver …

U.S. v. Highsmith, No. 11-48-cr (2nd Cir.) (688 F.3d 74) (August 8, 2012) (Per Curiam)

Article • December 1, 2012

Filed under: Punch And Jurists, Post Dorsey

U.S. v. Highsmith, No. 11-48-cr (2nd Cir.) (688 F.3d 74) (August 8, 2012) (Per Curiam) by In a conviction for conspiracy to distribute crack cocaine and weapons possession in furtherance of a drug-trafficking crime, defendant's sentence is vacated and remanded for resentencing consistent with Dorsey v. US which held that …

U.S. v. Acoff, No. 10-285-cr (2nd Cir.) (634 F.3d 200) (February 9, 2011) (Per Curiam)

Article • December 1, 2011

Filed under: Punch And Jurists, General Savings Statute

U.S. v. Acoff, No. 10-285-cr (2nd Cir.) (634 F.3d 200) (February 9, 2011) (Per Curiam) by Sentence for conviction of possessing five or more grams of cocaine base with intent to distribute, in violation of 21 U.S.C. § 841, is vacated where the district court manifestly erred in sentencing defendant …

U.S. v. Tickles, No. 10-30852 (5th Cir.) (661 F.3d 212) (October 19, 2011) (Per Curiam)

Article • October 31, 2011 • from P&J October, 2011

Filed under: Punch And Jurists, General Savings Statute

U.S. v. Tickles, No. 10-30852 (5th Cir.) (661 F.3d 212) (October 19, 2011) (Per Curiam) by This decision is the latest in a long series of conflicting rulings over the issue of the retroactivity of the Fair Sentencing Act of 2010 (“FSA”) (Pub.L. No. 111–220, 124 Stat 2372). The FSA …

U.S. v. Holcomb, No. 11-1558 (7th Cir.) (657 F.3d 445) (August 24, 2011) (Judge Frank H. Easterbrook)

Article • September 5, 2011 • from P&J September, 2011

Filed under: Punch And Jurists, Fair Sentencing Act of 2010

U.S. v. Holcomb, No. 11-1558 (7th Cir.) (657 F.3d 445) (August 24, 2011) (Judge Frank H. Easterbrook) by Here the full Court declined, by an equally divided 5-5 vote, to grant a rehearing en banc in order to review its recent decision in U.S. v. Fisher in which a panel …

U.S. v. Dixon, No. 10-4300 (3rd Cir.) (648 F.3d 195) (August 9, 2011) (Judge D. Michael Fisher)

Article • August 22, 2011 • from P&J August, 2011

Filed under: Punch And Jurists, Pre-Effective Date Crimes

U.S. v. Dixon, No. 10-4300 (3rd Cir.) (648 F.3d 195) (August 9, 2011) (Judge D. Michael Fisher) by In the 07/25/11 issue of P&J, we noted that Attorney General Eric Holder had finally capitulated by agreeing that the more lenient sentencing provisions of the Fair Sentencing Act of 2010 (“FSA”) …

U.S. v. Douglas, No. 10-2341 (1st Cir.) (644 F.3d 39) (May 31, 2011) (Judge Michael Boudin)

Article • July 11, 2011 • from P&J July, 2011

Filed under: Punch And Jurists, Pre-Effective Date Crimes

U.S. v. Douglas, No. 10-2341 (1st Cir.) (644 F.3d 39) (May 31, 2011) (Judge Michael Boudin) by U.S. v. Douglas, No. 10-2341 (1st Cir. May 31, 2011) (Judge Michael Boudin) U.S. v. Rojas, No. 10-14662 (11th Cir. July 6, 2011) (Per Curiam) There’s lots of big news regarding the retroactivity …

U.S. v. Rojas, No. 10-14662 (11th Cir.) (645 F.3d 1234) (July 6, 2011) (Per Curiam)

Article • July 11, 2011 • from P&J July, 2011

Filed under: Punch And Jurists, Pre-Effective Date Crimes

U.S. v. Rojas, No. 10-14662 (11th Cir.) (645 F.3d 1234) (July 6, 2011) (Per Curiam) by Here the Eleventh Circuit became the second Circuit Court to hold that the Fair Sentencing Act of 2010 applies to defendants who committed crack cocaine offenses before August 3, 2010, the effective date of …

U.S. v. Goncalves, No. 10-1367 (1st Cir.) (642 F.3d 245) (April 28, 2011) (Judge Michael Boudin)

Article • May 2, 2011 • from P&J May, 2011

Filed under: Punch And Jurists, General Savings Statute

U.S. v. Goncalves, No. 10-1367 (1st Cir.) (642 F.3d 245) (April 28, 2011) (Judge Michael Boudin) by [Editor's Note: For a commentary on this decision, see "First Circuit thoughtfully talks through inapplicability of new FSA minimums on appeal," by Prof. Doug Berman, as posted on Sentencing Law and Policy on …

U.S. v. Watts, No. 09-cr-30030-MAP (D.Mass.) (775 F.Supp.2d 263) (April 5, 2011) (Judge Michael A. Ponsor)

Article • April 18, 2011 • from P&J April, 2011

Filed under: Punch And Jurists, General Savings Statute

U.S. v. Watts, No. 09-cr-30030-MAP (D.Mass.) (775 F.Supp.2d 263) (April 5, 2011) (Judge Michael A. Ponsor) by On August 3, 2010, the Fair Sentencing Act of 2010 (“FSA”) was signed into law amidst claims by its sponsors that Congress was finally correcting a national shame and an injustice that had …

U.S. v. Fisher, No. 10-2352 (7th Cir.) (635 F.3d 336) (March 11, 2011) (Judge Terrence T. Evans)

Article • March 21, 2011 • from P&J March, 2011

Filed under: Punch And Jurists, General Savings Statute

U.S. v. Fisher, No. 10-2352 (7th Cir.) (635 F.3d 336) (March 11, 2011) (Judge Terrence T. Evans) by In 2010, after some three decades of debate and controversy over the inherent unfairness of the Federal crack cocaine sentencing laws, Congress finally enacted the Fair Sentencing Act of 2010 (“FSA”). Its …

U.S. v. Santana, No. 09-CR-1022 (KMK) (S.D.N.Y.) (761 F.Supp.2d 131) (January 20, 2011) (Judge Kenneth M. Karas)

Article • February 7, 2011 • from P&J February, 2011

Filed under: Punch And Jurists, Pre-Effective Date Crimes

U.S. v. Santana, No. 09-CR-1022 (KMK) (S.D.N.Y.) (761 F.Supp.2d 131) (January 20, 2011) (Judge Kenneth M. Karas) by Here the Court held that a number of defendants who committed crimes involving crack cocaine before the enactment of the Fair Sentencing Act of 2010 were not entitled to the benefits of …

U.S. v. Douglas, No. 09-202-P-H (D.Me.) (746 F.Supp.2d 220) (October 27, 2010) (Judge D. Brock Hornby)

Article • February 7, 2011 • from P&J February, 2011

Filed under: Punch And Jurists, Fair Sentencing Act of 2010

U.S. v. Douglas, No. 09-202-P-H (D.Me.) (746 F.Supp.2d 220) (October 27, 2010) (Judge D. Brock Hornby) by Here the Court held that a defendant who pled guilty of committing a crack offense in 2009 but who was not yet sentenced on November 1, 2010, is entitled to be sentenced under …