Punch and Jurists

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) 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. 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) 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) 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. Brewer, No. 09-3909 (8th Cir.) (624 F.3d 900) (October 21, 2010) (Judge Raymond W. Gruender) by This is another lamentable crack-cocaine decision that exemplifies the sheer inanity of the 100-to-1 sentencing ratio between crack cocaine and powder cocaine that existed for more than two decades until Congress finally …