Home -> Law Blog Directory -> Criminal Law Blogs -> Sentencing Law and Policy

Criminal Law

: Sentencing Law and Policy

Notable crack reduction opinion from the Second Circuit

By Douglas A. Berman

Virtually every day now we get a new opinion from the circuit courts about the legal rules surrounding federal sentence reductions pursuant to 18 U.S.C. § 3582(c)(2).  The latest such decision is from the Second Circuit in US v. v. Williams (Lewis), No. 08-1065 (2d Cir. Jan. 7, 2009) (available here).  Here is the court's summary of its work in this case: Appellant appeals from a denial of a motion seeking a reduced sentence pursuant to 18 U.S.C. § 3582(c)(2) following the amendment to the Sentencing Guidelines applicable to crack cocaine violations. In denying the motion for resentencing, the District Court for the Northern District of New York (Mordue, J.), found that because Appellant?s original sentence was a non- Guidelines sentence resulting from a departure from the statutory minimum sentence pursuant to 18 U...continue to full post

Full post as published by Sentencing Law and Policy on January 07, 2009 (boomark / email).