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Lengthy Third Circuit discussion of crack retroactivity issue that has split the circuits

By Douglas A. Berman

A Third Circuit panel decision today US v. Flemming, No. 09-2726 (3d Cir. June 27, 2010) (available here), provides a thoughtful and comprehensive account of a little sentencing issue that has divided the circuits. Here is how the lengthy opinion in Flemming starts and ends: Glenn Flemming was sentenced in February 2005 to 175 months? imprisonment for federal firearm and crack cocaine offenses committed in 2002. After the United States Sentencing Commission retroactively lowered the offense levels for most crack cocaine offenses by two levels, Flemming moved for a reduction of sentence under 18 U.S.C. § 3582(c)(2).  The District Court denied his motion, concluding that it lacked authority to reduce Flemming?s sentence because he was a career offender under U...continue to full post

Full post as published by Sentencing Law and Policy on July 27, 2010 (boomark / email).