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Seventh Circuit rejects FSA's application to defendants sentenced after it changed crack statutes

By Douglas A. Berman

While I was checking out lots of culture and humanity in Las Vegas yesterday (explanation here), the Seventh Circuit issued an important new opinion concerning the application of the Fair Sentencing Act to pipeline cases in US v. Fisher, No. 10-2352 (7th Cir. March 11, 2011) (available here).  What makes Fishersignificant is that the panel expressly considers and rejects a defendant's claims that there are unique reasons for applying the FSA's new crack sentencing provisions to those initially sentenced after the FSA became law.  Here are key passages from the opinion: Debate surrounding the crack cocaine sentencing scheme and the infamous ?100:1 ratio? has been raging for years, and there is strong rhetoric to be found on either side.  The FSA is compromise legislation and must be viewed as such...continue to full post

Full post as published by Sentencing Law and Policy on March 12, 2011 (boomark / email).