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Fourth Circuit rules guidelines limit reduction for crack retroactivity

By Douglas A. Berman

Ruling in accord with a recent Tenth Circuit ruling concerning Booker's inapplicability to crack retroactivity proceedings (blogged here), the Fourth Circuit yesterday US v. Dunphy, No. 08-6919 (4th Cir. Dec. 5, 2008) (available here), ruling that there is a limit on the extent of the sentence reduction that defendants can get in crack retroactivity proceedings.  The Dunphy ruling is thorough and thoughtful, and a long opinion is quickly summarized by the ruling's conclusion: When a sentence is within the guidelines applicable at the time of the original sentencing, in an 18 U.S.C § 3582(c) resentencing hearing, a district judge is not authorized to reduce a defendant?s sentence below the amended guideline range.

Full post as published by Sentencing Law and Policy on January 06, 2009 (boomark / email).