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Criminal Law

: Sentencing Law and Policy

Adding my two cents concerning application of the FSA to pending cases

By Douglas A. Berman

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As I noted in recent posts here and here, I think some courts have been a bit too quick to assert that defendants who committed crack offenses before the enactment of the Fair Sentencing Act can get no benefit from the the FSA's provisions. Spurred on by a helpful lawyer in NYC litigating this issue for a defendant awaiting initial sentencing in a multi-defendant case, I put together a letter with my thoughts about applying the FSA's provisions to cases in the pipeline that have not yet been sentenced. The letter, which can be downloaded below, sets forth my view that Congress intended the new sentencing terms of the FSA to apply to pending cases as soon as possible. The letter gets started this way: Counsel for some defendants in the above-captioned case have informed me that your Honor is currently considering motions to apply the terms of the Fair Sentencing Act of 2010 (hereafter ?FSA?), which amended the penalty provisions of 21 U...continue to full post

Full post as published by Sentencing Law and Policy on October 24, 2010 (boomark / email).