U.S. Court of Appeals for the Seventh Circuit
Sentencing — crack cocaine
The Fair Sentencing Act applies to defendants sentenced after the Act was passed.
“Island received the pre-FSA mandatory minimum of 240 months after the judge found him accountable for 259 grams of crack cocaine and determined that he had previously been convicted of a drug felony. Under the FSA these findings wouldn’t have been enough: The 240-month mandatory minimum would apply only if Island were responsible for over 280 grams of crack cocaine. See 21 U.S.C. § 841(1)(A)(iii). Island argued at his sentencing hearing that the FSA should apply, a position later vindicated by the Supreme Court in Dorsey. See 132 S. Ct. at 2326. The government concedes that because Island preserved his challenge on this point, he is entitled to resentencing in accordance with the FSA.”
Affirmed in part, and Vacated in part.
Appeals from the United States District Court for the Northern District of Illinois, Zagel, J., Sykes, J.