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Article • May 13, 2013 • from P&J May, 2013
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 …
Article • August 22, 2011 • from P&J August, 2011
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”) …
Article • July 11, 2011 • from P&J July, 2011
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 …
Article • July 11, 2011 • from P&J July, 2011
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 …
Article • February 7, 2011 • from P&J February, 2011
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 …
Article • September 20, 2010 • from P&J September, 2010
U.S. v. Carradine, No. 08-3220 (6th Cir.) (621 F.3d 575) (September 20, 2010) (Judge Alice M. Batchelder) by This is the first decision we have seen interpreting the Fair Sentencing Act of 2010 (“FSA”), which was passed by Congress on July 28, 2010 and enacted into law on Aug. 3, …