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Important and impressive Fifth Circuit ruling concerning crack retroactivity

By Douglas A. Berman

A helpful reader alerted me to an important and impressive opinion concerning crack retroactivity issues from the Fifth Circuit, US v. Robinson, No. 08-10424 (5th Cir. Sept. 10, 2008) (available here).  Here is the reader's effective summary: This opinion is by the Fifth Circuit regarding the right to an attorney in a crack retroactive amendment hearing. The defendant had been sentenced for a crack offense over a decade ago and applied for a reduction of his sentence under the retroactive amendment. In doing so, he also requested an attorney to represent him.  The government responded with a complex, 25-page sentencing memorandum.  The government contended, among other things, that the defendant was not entitled to an attorney and that he should receive no greater than a five-month reduction -- he could have received up to a 40-month reduction...continue to full post

Full post as published by Sentencing Law and Policy on September 11, 2008 (boomark / email).