Federal Defenders of New York Second Circuit Blog

fair sentencing act

Favorable decision in a First Step Act case, concerning the defendant’s eligibility for relief and the nature of the proceeding under the Act: United States v. Rose, No. 03-CR-1501, _F.3d_, 2019 WL 2314479 (S.D.N.Y. May 24, 2019)

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Section 404 of the First Step Act of 2018,  Pub. L. No. 115-391, 132 Stat. 5194 (2018),  empowers district courts to “impose a reduced sentence” on people who were convicted of certain cocaine base (crack cocaine) offenses before August 3, 2010, when the Fair Sentencing Act of 2010 was enacted. It makes retroactive — to … Read more

PC World

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United States v. Acoff, No. 10-285-cr (2d Cir. February 10, 2011, amended February 11, 2011) (Calabresi, Lynch, CJJ, Murtha, DJ) In this case, the defendant was convicted of a crack cocaine offense that, under the old law, carried a five-year mandatory minimum. But the district court refused to impose it. He gave the defendant fifteen … Read more