Sunday, December 19, 2010

PC World

United States v. Diaz, No. 10-317 (2d Cir. December 15, 2010) (Cabranes, Pooler, Wesley, CJJ) (per curiam)

In October, the court issued a non-precedential summary order holding that the Fair Sentencing Act (the "FSA") is not retroactive.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.

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Blogger Michael Drake said...

FYI, here's a list we have running of district court cases applying the FSA in post-FSA sentencings:

United States v. Gutierrez, No. 4:2006-cr-40043-FDS-2 (D. Mass. Dec. 17, 2010) (Saylor, J.) (docket no. ca. 134 [TBD]).

United States v. Johnson, No. 3:10-cr-138 (E.D. Va. Dec. 7, 2010) (Payne, J.).

United States v. Gillam, No. 1:10-cr-00181-JTN (W.D. Mich. Dec. 3, 2010) (Neff, J.).

United States v. Favors, No. A-cr-00384-LY-1 (W.D. Tex. Nov. 23, 2010) (Yeakel, J.).

United States v. Roscoe, No. 1:2010-cr-126 (W.D. Mich. Nov. 15, 2010) (Neff, J.) (docket no. 55).

United States v. Shelby, No. 2:09-cr-00379-CJB (E.D. La. Nov. 10, 2010) (Barbee, J.).

United States v. Angelo, No. 1:10-cr-10004-RWZ (D. Mass. Oct. 29, 2010) (Zobel, J.).

United States v. Douglas, __F. Supp.2d __, (D. Mne. Oct. 27, 2010) (Hornby, J.).

United States v. Dixson, No. 8:08-cr-00360-VMC (M.D. Fl. Aug. 24, 2010) (Covington, J.) (docket no. 32).

December 20, 2010 at 2:02 PM  
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