FPD Blog
On December 3, 2013, following an en banc hearing on October 9, 2013, the Sixth Circuit Court of Appeals issued United States v. Blewett, Case No. 12-5226/5582, and held the Fair Sentencing Act of 2010 "does not retroactively undo final sentences." Judge Sutton delivered the opinion, in which Chief Judge Batchelder and Judges Boggs, Gilman, Gibbons, Cook, McKeague, Griffin and Kethledge joined. Judge Moore delivered a separate opinion concurring in the judgment; Judge Merritt delivered a separate dissenting opinion, in which Judge Donald joined; Judge Clay delivered a...
On October 9, 2013, that United States Court of Appeals for the Sixth Circuit heard en banc oral arguments in the case of United States v. Blewett, et al., Case Nos. 12-5226 and 12-5582. The issue was whether the Fair Sentencing Act of 2010 should be given complete retroactive effect. In other words, should the FSA be applied to defendants whose criminal conduct and whose sentencing hearings both pre-date the signing into law of the FSA on August 3, 2010? Frank W. Heft, Jr. of the Western Kentucky Federal Community Defender, Inc. argued for the defendants; Terry M. Cushing...
The United States Sentencing Commission recently issued a report entitled “Reevaluating the Effectiveness of Federal Mandatory Minimum Sentences,” wherein they strongly suggest Congress reduce certain statutory mandatory minimum sentences, and also recommend that the Fair Sentencing Act of 2010 be made retroactive. The full report is attached here.
Statement of Judge Saris, Chair US Sentencing Commission, Sept. 18, 2013
On August 12, 2013, the Bureau of Prisons released a Program Statement regarding Compassionate Release/Reduction in Sentence: Procedures for Implementation of 18 U.S.C. §§ 3582(c)(1)(A) and 4205(g). In this statement, the BOP details the summary of changes in the policy, the purpose and scope, program objectives, and other important information relating to compassionate releases/reductions in sentences.