A 2010 law designed to eliminate harsher sentences for black offenders convicted of crack cocaine crimes should not apply retroactively, a federal appeals court ruled in a deeply divided decision that several dissenting judges wrote amounts to furthering racial discrimination.

Tagged with: Crack cocaine Eighth Amendment Fair Sentencing Act racial discrimination

11-3121 U.S. v. Matthews

Tagged with: 7th Circuit Digest Crack cocaine Criminal Digest Sentencing Digest

12-1283 U.S. v. Purnell

Tagged with: 7th Circuit Digest Crack cocaine Criminal Digest Sentencing Digest

The Eighth Amendment’s prohibition against cruel and unusual punishment does not preclude a mandatory life sentence for dealers who possess a smaller quantity of crack cocaine than the quantity of powder cocaine necessary to trigger a similar sentence, the 7th Circuit has ruled.

Tagged with: 7th Circuit 7th Circuit Court of Appeals Crack cocaine drugs Eighth Amendment U.S. Court of Appeals U.S. Supreme Court

12-1871 U.S. v. Williams

Tagged with: 7th Circuit Digest Crack cocaine Criminal Digest Sentencing Digest Williams

10-3130, 10-3505 & 11-1395 U.S. v. Jones

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11-3802 U.S. v. Dixon

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The Supreme Court ruled Thursday that people who committed crack cocaine crimes before more lenient penalties took effect and received their prison sentence afterward should benefit from the new rules.

Tagged with: Clarence Thomas Crack cocaine Fair Sentencing Act John Roberts Samuel Alito Stephen Breyer Supreme Court

11-1313, 11-1323, 11-2057, 11-2061, 11-2062 & 11-2071 U.S. v. Davis

Tagged with: 7th Circuit Digest Crack cocaine Criminal Digest Davis Retroactivity Sentencing Digest

The Fair Sentencing Act of 2010 reduced the sentencing disparity between defendants convicted of crack cocaine-related crimes and those convicted of crimes involving the powder version of the drug.

Tagged with: cocaine crack Crack cocaine Fair Sentencing Act John Roberts Jr. Michael Dreeben Ruth Bader Ginsburg Sonia Sotomayor

The Supreme Court seemed split Tuesday on whether criminals who were arrested but not yet sentenced for crack cocaine offenses should be able to take advantage of newly reduced sentences.

Tagged with: 7th U.S. Circuit Court of Appeals Antonin Scalia crack Crack cocaine Fair Sentencing Act Michael Dreeben Ruth Bader Ginsburg Sentencing Sonia Sotomayor Supreme Court

Sentencing Crack cocaine

Tagged with: 7th Circuit Digest Crack cocaine Criminal Digest Sentencing Sentencing Digest

RACINE, Wis. (AP) — Federal officials say they’ve taken down two major drug trafficking operations in southeastern Wisconsin, including one that’s also connected to Texas and Illinois. The U.S. attorney in Wisconsin’s Eastern District, James Santelle, said 17 people have ...

Tagged with: Crack cocaine Drug trafficking drugs heroin James Santelle

Sentencing Crack cocaine

Tagged with: 7th Circuit Digest Crack cocaine Criminal Digest Sentencing Sentencing Digest

When the U.S. Supreme Court accepted review in Freeman v. U.S., it seemed that the Court would answer a straightforward question with a straightforward answer.

Tagged with: Crack cocaine Retroactivity Sentencing

“All crack is cocaine base but not all cocaine base is crack,” Judge Diane S. Sykes noted in U.S. v. Edwards, 397 F.3d 570 (7th Cir. 2005).

Tagged with: 7th Circuit Crack cocaine Diane Sykes U.S. Supreme Court

The Obama administration is urging the U.S. Sentencing Commission to revise its guidelines to retroactively apply a 2010 law cutting the disparity between sentences for crack cocaine and powder cocaine offenses. If adopted, the proposal would allow more than 5,000 ...

Tagged with: crack Crack cocaine Eric Holder Fair Sentencing Act U.S. Sentencing Commission

Sentencing Crack cocaine; due process The 100:1 crack to powder cocaine ratio does not violate due process. “[T]he Sentencing Commission reports also contain findings indicating that crack is at least somewhat more dangerous than powder cocaine. For example, in 2002, ...

Tagged with: 7th Circuit Digest Crack cocaine Criminal Digest due process Sentencing Sentencing Digest

Sentencing Crack cocaine That the government did not oppose a co-defendant’s motion for sentence reduction under 18 U.S.C. 3582(c)(2) does not entitle the defendant to a reduction. “As for the issue of a codefendant’s successful § 3582(c)(2) motion, the distinction ...

Tagged with: Crack cocaine Sentencing Digest

Sentencing Crack cocaine The FSA does not apply retroactively, and the relevant date for a determination of retroactivity is the date of the underlying criminal conduct, not the date of sentencing. “Debate surrounding the crack cocaine sentencing scheme and the ...

Tagged with: Crack cocaine Sentencing Digest

Sentencing Crack cocaine A defendant sentenced under the career offender guideline, but with a downward departure for substantial assistance, is not eligible for a retroactive reduction. “[S]ection 1B1.10 takes for granted that a defendant who received a ‘downward departure’ in ...

Tagged with: Crack cocaine Sentencing Digest

Sentencing Crack cocaine; limited remand Where the disparity between crack and powder cocaine sentences would not have affected a career-offender’s guideline range, he is not entitled to a limited remand. “Kimbrough opened the door for policy disagreements with the Guidelines ...

Tagged with: Crack cocaine Sentencing Digest

Sentencing Crack cocaine A defendant cannot make successive motions for sentence reduction pursuant to 18 U.S.C. 3582(c)(2). “Redd treats §3582(c)(2) as if it countermanded the basic determinate-sentence system and bestowed on district judges a continuing power to adjust sentences-a power ...

Tagged with: Crack cocaine Sentencing Digest

Sentencing Crack cocaine Relief under 18 U.S.C. 3582(c)(2) is not available when a retroactive amendment would not have the effect of lowering the defendant’s applicable guideline range. “We agree with the Eighth Circuit’s resolution of this issue in United States ...

Tagged with: Crack cocaine Sentencing Digest

Sentencing Crack cocaine The Fair Sentencing Act of 2010 is not retroactive. “Like our sister circuits that have considered this issue, see United States v. Gomes, ___ F.3d ___, No. 10-11225, 2010 WL 3810872, at *2 (11th Cir. Oct. 1, ...

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