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Seeking ground reports on the FSA's application to not-yet-sentenced cases

By Douglas A. Berman

To my knowledge and as of this writing, the opinion by US District Judge D. Brock Hornby last week in US v. Douglas, No. 09-202-P-H (D. Maine Oct. 27, 2010) (available here), is the only written district court decision expressly holding that a defendant guilty of committing a crack offense before the Fair Sentencing Act became law in August 2010, but "not yet sentenced on November 1, 2010, is to be sentenced under the amended Guidelines[] and the Fair Sentencing Act's altered mandatory minimums ... "  I did hear today from a federal public defender, however, that a district judge in the District of Massachusetts formally adopted Judge Hornby's opinion in a similar case in his court. I assume that this issue is arising in federal district courts around the nation, and I would be grateful if any and all folks "in the know" would consider using the comments to report on what it going on in various districts...continue to full post

Full post as published by Sentencing Law and Policy on November 02, 2010 (boomark / email).