Public Defense

In October, the court issued a non-precedential summary order holding that the Fair Sentencing Act (the "FSA") is not retroactive. See "Summary Summary" posted October 27, 2010. This per curiam is a published opinion to the same effect, at least where the defendant was "convicted and sentenced before the FSA was enacted."

Nominally, at least, the door is still open for FSA retroactivity arguments for defendants whose conduct occurred before the FSA, but whose conviction and sentences took place afterwards.

Full post as published by Second Circuit Blog on December 19, 2010 (boomark / email).