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Eleventh Circuit faults district judge for failing to explain denial of crack reduction motion

By Douglas A. Berman

A helpful reader altered me to a decision from the Eleventh Circuit which, though unpublished, is a significant story in the on-going effort to implement retroactively the new federal crack guidelines.  In US v. Johnson, No. 08-11415 (11th Cir. Sept. 12, 2008) (available here), the panel vacates and remands for further consideration when the district court failed to explain its denial of a sentence reduction.  Here is how the opinion starts and ends:Sean Johnson, a federal prisoner convicted of a crack cocaine offense, appeals the district court?s denial of his 18 U.S.C. § 3582(c)(2) motion for reduction of sentence based on an amendment to the Sentencing Guidelines that lowered the base offense levels applicable to crack cocaine.  The Government did not file a response to Johnson?s motion in the district court, and the district court?s order denying Johnson?s motion stated that it had ?carefully reviewed said Motion and the entire court file? and was ?otherwise fully advised in the premises...continue to full post

Full post as published by Sentencing Law and Policy on September 12, 2008 (boomark / email).